| -- End Ad Box ---> | | | | appear before the court. At that time the court will |
| At arraignment, the District Attorney may offer a | | | | set deadlines for your attorney to complete certain |
| plea to a lesser charge than what you were arrested | | | | work on your behalf. |
| for originally. Pleas are offered to unburden an | | | | The District Attorney has a limited period of time to |
| extremely congested criminal court calendar, as well | | | | complete his investigation and state on the record he |
| as to get rid of lesser criminal cases so the District | | | | is ready for trial. The time limits are mandatory to |
| Attorney can rightfully concentrate on the more | | | | protect your constitutional right to a speedy trial. So |
| serious crimes. | | | | you should be prepared to quickly prove your |
| If you were arrested for misdemeanor shoplifting and | | | | innocence. Being accused of a crime is a stigma, and |
| you arrive at the arraignment with no prior arrests, | | | | the reality is that you are actually presumed guilty |
| most likely the District Attorney will offer you the | | | | until you prove your innocence (contrary to the belief |
| option of pleading guilty to a lesser violation and a | | | | that "you are presumed innocent until proven guilty"). |
| few days of community service with a fine. You | | | | If you miss a court appearance, a warrant for your |
| have the option to end the process by accepting the | | | | arrest is issued |
| lower charge of a violation, which is not a crime but | | | | Your Right To A Speedy Trial |
| will appear on your record in the future. | | | | The time for you to get a speedy trial starts running |
| If you accept the plea then you will actually plead | | | | from the date the criminal complaint is filed against |
| guilty to a lesser offense on the record and the | | | | you. A trial for a violation must be held within 30 |
| court will most likely impose a fine and community | | | | days. A misdemeanor trial must occur within 90 days. |
| service or counseling, depending upon what you and | | | | A felony trial must take place within six months. |
| the District Attorney agreed to. | | | | The time periods for a speedy trial are tolled |
| If you don’t accept the plea, you will simply | | | | (stopped) because of certain motions made by your |
| plead "not guilty" and continue your criminal court | | | | attorney or certain hearings. They are not tolled if |
| appearances. Your attorney will file various motions | | | | the District Attorney requests adjournments without |
| and hold hearings to discover what evidence the | | | | your consent. They are also not tolled if the District |
| District Attorney has against you or to get the | | | | Attorney is not ready for certain appearance dates. |
| charges dismissed. An example of such a hearing | | | | This is called "excludable time" for the purposes of |
| would be called a "Huntley Hearing". In that hearing | | | | determining when a trial must be held. |
| your attorney's objective is to get any incriminating | | | | Making A Record |
| statements you made suppressed, meaning they can | | | | At each court date, there will be a stenographer |
| not be used against you. The point of that hearing is | | | | typing every word of the proceeding to make a |
| that the police obtained statements from you | | | | record of it. Your attorney must make sure the |
| invlountarily. At the hearing your attorney will | | | | record is clear that you do not consent to an |
| cross-examine the police involved in your arrest by | | | | adjournment or that the District Attorney was not |
| asking them detailed questions. If your attorney can | | | | ready. Being clear is important, because the court is |
| prove your statements were coerced or obtained | | | | overwhelmed with hundreds of cases a day. |
| form you in some way involuntarily then you have | | | | Sometimes the judge will not keep a good record or |
| just eliminiated a criucial piece of evidence against | | | | his notes on your file will be unreadable and the judge |
| you, making your case of innocence stronger. | | | | later can’t recall what happened. |
| As you proceed further through the criminal court | | | | To be clear and to protect your rights, state on the |
| process, the plea to a lesser charge may or may not | | | | record that "defendant does not consent to the |
| be offered again. Whether or not you accept a plea | | | | adjournment and time should be charged to the |
| is something only you and your attorney can decide, | | | | People" or state that "The District Attorney is not |
| based upon your circumstances. Just remember that | | | | ready and time should be charged to the People." |
| the plea will always be on your record as opposed to | | | | Make sure the stenographer hears what you say |
| fighting the charges if you’re innocent and | | | | because you may later have to order those records |
| getting the whole criminal case dismissed, clearing | | | | from the stenographer to prove what happened at |
| your name. | | | | the hearing. If the stenographer did not hear you or |
| Your Criminal Court Appearances | | | | your attorney then you will not have a record that |
| If you plead not guilty and are released ROR | | | | will benefit you. Make sure you both speak loud and |
| (meaning without bail and on your own recognizance) | | | | clear at each court date to protect your record. |
| or on bail, you’ll be given the next date to | | | | |