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