After a defendant has been arrested, s/he is arraigned in the court of jurisdiction. The purposes of the arraignment are to furnish the defendant with a copy of the charge(s), to assure that the defendant has legal counsel and to review the amount of bail. If the judge sets bail at the arraignment, a preliminary hearing will be scheduled within 5-6 days. If there is no bail, the ADA may present the case to the Grand Jury without a preliminary hearing.
What is a Preliminary Hearing?
A preliminary hearing takes the form of a mini-trial in which testimony is taken under oath. The judge, defendant, defendant's attorney, prosecutor and any victims or witnesses subpoenaed are present. At the preliminary hearing the D.A.'s Office has to establish: 1) that a felony has been committed in Tompkins County, and 2) probable cause exists to believe that the defendant committed the felony. During this usually brief proceeding, the defendant's attorney may cross examine the state's witnesses and produce any evidence he or she wishes. In some cases, the defendant may waive the preliminary hearing and the case will be sent directly to Grand Jury.
What is the Grand Jury's Role?
In order to get an indictment for a felony charge(e.g. rape or certain other sex crimes), evidence must be presented to the Grand Jury which consists of 16-23 citizens. The ADA must establish that there is reasonable cause to believe that the defendant committed the crime charged. The ADA calls witnesses to testify, and only the ADA asks questions. There is no cross-examination and no judge present. The defendant may exercise his right to testify before the Grand Jury as well.
If the Case Goes to Trial, What is the Usual Process?
The ADA presents the case for the state and has the burden of proving beyond a reasonable doubt that the defendant did commit the alleged crime. The defendant may not be compelled to testify. The trial may be before a judge alone, or before a judge and jury. The defendant has the right to request a jury trial. During the trial, the ADA will ask you to take the witness stand and, under oath, answer questions about who you are and what you know about the case. The attorney for the defendant will cross-examine you.
Do You Have to Testify/Face the Person Who Committed the Crime?
If you are called in to testify, you will have to face the accused. It is a constitutional right that defendants be able to face their accusers.
Will You Be Notified About the Status of the Case?
You will be notified when the trial day approaches or if the case has been plea-bargained. Because of an overloaded judicial system, there are likely to be unpredictable delays.
What if Your Case is Plea Bargained?
In a plea bargain, the accused either pleads guilty to the charge or to a lesser charge. If the defendant pleads guilty to a lesser charge, this does not mean no one believes you, but that the ADA has decided that a reduced charge is preferable. Many factors are involved in the ADA's decision. For example, the ADA may be unable to prove the case beyond a reasonable doubt; you may be unwilling or unable to participate in further prosecution; further delay of the case may be undesirable. If there is a plea bargain, you will not have to appear in court.
Can You Appeal if the Defendant is Found Not Guilty?
The right to appeal is a decision reserved for the defendant. Neither you nor the State of New York may appeal the jury's or judge's decision.
If the Defendant is Found Guilty, Then What Happens?
Once found guilty, the defendant is sentenced by the judge. The judge considers many factors: the guidelines provided in the penal law, the defendant's prior criminal record, the recommendation of the ADA, etc. The defendant may be sentenced to jail, probation, restitution for medical expenses or damaged property, or perhaps a combination of the above. You may want to request the opportunity to speak at the sentencing.
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