Combat Arms 2869 Grove Way Castro Valley, California 94546-6709 Telephone (415) 538-6544 BBS: (415) 537-1777 is pleased to present W H A T Y O U S H O U L D K N O W I F Y O U ' R E A C C U S E D O F A C R I M E by Joyce B. David, Esq. 1988/89 Revised Edition Foreword by the Hon. Milton Mollen Presiding Justice Appellate Division Second Judicial Department 1 WHAT YOU SHOULD KNOW IF YOU'RE ACCUSED OF A CRIME Copyright c 1986, 1988 - by Joyce B. David, Esq. All rights reserved. No part of this publication may be reproduced, translated or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the author, except by a reviewer, who may quote brief passages in a review. Requests for permission to make copies of any part of this work should be directed to: Joyce B. David, Esq., 16 Court Street (Tower Suite), Brooklyn, New York, 11241, (718) 875-2000. If you're reading this on an Electronic Bulletin Board, you may download it for your own use. If you're interested in ordering copies of the published handbook, the prices are as follows: 1 - 9 copies $4.00 per copy 10 - 99 copies $3.00 per copy 100 or more copies $2.00 per copy Shipping and handling $0.25 per copy * All orders must be prepaid. * State and local taxes apply in New York. Include resale or tax exempt number, if applicable. Make checks payable to: Balaban Publishing Co. Legal Handbooks Division 163 Joralemon Street - Suite 1502 Brooklyn, New York, 11201. Printed in the United States of America 1988/89 Revised Edition ISBN 0-9617121-1-2 2 F O R E W O R D Anyone confronting the bewildering and, to many, the intimi- dating and nerve shattering complexities of the New York State criminal justice system for the first time in his or her life, will find Joyce David's handbook outlining the ABC's of the system an invaluable tool in dealing with them. A highly-respected attorney with a wealth of first-hand experience in all aspects of criminal law, Ms. David's thorough, step-by-step description of what a criminal case is all about, written in language readily understood by the average layman, unschooled in legal procedures and terminology, will do much to ease the pain of that first encounter with the law. Ms. David, expertly and concisely, spells out just what he or she may expect at every stage of the case, explaining just what will happen and why. As she points out correctly in her own introduction, those exposed for the first time to the criminal justice system often feel as though they are in a foreign country, with strange new rules, procedures and language. WHAT YOU SHOULD KNOW IF YOU'RE ACCUSED OF A CRIME provides the anxious "tourist" with a thoroughly professional and knowledgeable guidebook. Milton Mollen Presiding Justice Appellate Division Second Judicial Department 3 TABLE OF CONTENTS INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . 6 CHOOSING A CRIMINAL LAWYER . . . . . . . . . . . . . . . . . . . 6 LAWYER/CLIENT RELATIONSHIP . . . . . . . . . . . . . . . . . . . 7 LAWYERS' FEES. . . . . . . . . . . . . . . . . . . . . . . . . . 7 BEFORE YOU'RE ARRESTED . . . . . . . . . . . . . . . . . . . . . 8 DON'T CONFESS. . . . . . . . . . . . . . . . . . . . . . . . . . 8 SOME OTHER DON'TS. . . . . . . . . . . . . . . . . . . . . . . . 9 LINE-UPS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 SURRENDER. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 THINGS YOUR LAWYER MAY NEED TO KNOW. . . . . . . . . . . . . . . 10 THE ARREST . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 BOOKING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 C.J.A. INTERVIEW . . . . . . . . . . . . . . . . . . . . . . . . 12 WHAT ELSE HAPPENS BEFORE ARRAIGNMENT . . . . . . . . . . . . . . 13 CRIMINAL COURT ARRAIGNMENT . . . . . . . . . . . . . . . . . . . 13 BAIL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ASSIGNED COUNSEL . . . . . . . . . . . . . . . . . . . . . . . . 15 FELONIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 MISDEMEANORS & VIOLATIONS. . . . . . . . . . . . . . . . . . . . 16 YOUTHFUL OFFENDER. . . . . . . . . . . . . . . . . . . . . . . . 17 JUVENILE OFFENDERS . . . . . . . . . . . . . . . . . . . . . . . 17 CIVIL FORFEITURES. . . . . . . . . . . . . . . . . . . . . . . . 17 WHAT CAN HAPPEN TO YOUR CASE . . . . . . . . . . . . . . . . . . 18 WHAT HAPPENS AFTER CRIMINAL COURT ARRAIGNMENT. . . . . . . . . . 18 GRAND JURY . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 INDICTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 SILENT INDICTMENT. . . . . . . . . . . . . . . . . . . . . . . . 21 SUPREME COURT ARRAIGNMENT. . . . . . . . . . . . . . . . . . . . 21 COURT APPEARANCES. . . . . . . . . . . . . . . . . . . . . . . . 22 BENCH WARRANTS & BAIL FORFEITURES. . . . . . . . . . . . . . . . 22 GETTING BACK BAIL MONEY. . . . . . . . . . . . . . . . . . . . . 23 WHAT TAKES SO LONG . . . . . . . . . . . . . . . . . . . . . . . 24 TRIAL PREPARATION. . . . . . . . . . . . . . . . . . . . . . . . 24 TO PLEAD OR NOT TO PLEAD . . . . . . . . . . . . . . . . . . . . 25 PRE-TRIAL HEARINGS . . . . . . . . . . . . . . . . . . . . . . . 26 TRIAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 SENTENCING . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 APPEALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 "ASSERT YOUR RIGHTS" CARD. . . . . . . . . . . . . . . . . . . . 31 ABOUT THE AUTHOR . . . . . . . . . . . . . . . . . . . . . . . . 33 4 INTRODUCTION People exposed to the Criminal Justice System for the first time often feel like they're in a foreign country with strange rules, procedures and language. This handbook is geared to the state system in New York City, but many of the general principles apply to other jurisdictions as well. It's based on over 10 years of experience "in the trenches". It's a realistic, not a philosophical look, at the system. This handbook has general information and shows how cases make their way through the system. Most of the legal terms used are explained in the text or are self-explanatory. This handbook doesn't deal with specific cases or crimes. There's a lot of information that's just too technical or compli- cated for this book. If you have specific questions about a case, you'll have to consult a lawyer personally. The Criminal Justice System, just like the rest of life, is not always fair. That doesn't mean we give up; it just means we try harder. CHOOSING A CRIMINAL LAWYER If you can afford a private lawyer, I suggest you hire a criminal lawyer. You wouldn't go to an eye doctor for a problem with your elbow. If you don't know any criminal lawyers, call your local bar association, or check with friends or relatives who may have had criminal problems. It's not a good idea to hire a lawyer who approaches you in the courthouse. Lawyers are not supposed to solicit clients that way. Find out how much criminal experience a lawyer has before hiring him/her. The more serious the charges are against you, the more experienced a lawyer you need. It helps if your lawyer practices where your case is pending. Your attorney will know the judges and D.A.s (District Attorneys) and will have a better idea of what you can expect in your case. The D.A. is the one who prosecutes the case against you. 5 You also have an advantage if the judges and D.A.s know and respect your lawyer. They're more likely to listen if your lawyer has a good reputation. LAWYER/CLIENT RELATIONSHIP It's important to trust your lawyer. His/her job is to defend you and protect you from the system, whether you're innocent or guilty. If you committed the crime or participated in some way and don't feel comfortable telling your lawyer, you should get a dif- ferent lawyer. You're not helping yourself if you think your lawyer will do a better job if she or he thinks you're innocent. It's not a good relationship if you don't trust him/her enough to be truthful. Your lawyer can't advise you effectively if you keep things from him/her. Everything you tell your lawyer is confidential, even if you eventually hire a different lawyer. You should ask your lawyer to explain what's happening with your case. Don't think your questions are stupid just because you don't understand the system. It's a very complicated system. That's why you need a lawyer in...
T-e-T