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