Criminal Justice Procedures

Arrest

Criminal prosecutions usually begin with the summary arrest of a defendant by a police officer, or by the filing of an accusatory instrument in court and the issuance of an arrest warrant or summons.

A person who is arrested is taken to one of Suffolk County’s police precincts, one of the East-End Town Police Departments, or to a Village Police Department. If the arrest is made by a Village Police Department, the defendant will be processed by the Village Police, but he or she is then taken to the Suffolk County Police for additional processing and detention.

The processing of an arrested person consists of taking personal data and, where required, fingerprints.

The word "booked" has entered common parlance as what is done to those arrested. Actually, the "booking" is an entry in an arrest record and a minor part of the processing.

Accusatory instruments include misdemeanor informations, misdemeanor complaints, simplified traffic information, felony complaints, indictments, and superior court informations.

A detective will be assigned to cases where an investigation is needed. In addition to the traditional duties of investigation, detectives play a vital role in pure evidence gathering and preparing a case for trial. Detectives interview arrested persons and witnesses to procure statements concerning the criminal incident.

After processing, a person is either detained or released on bond or given an appearance ticket for a court appearance that day or the next, depending upon the time processing is complete.

In certain cases, the Grand Jury may act initially without a prior arrest and after presentation and consideration of the evidence, accuse a defendant "de novo." In such instance, the arrest and processing occurs thereafter.

Accusatory Instruments

An "Information" is a verified written accusation by a person, filed with a local criminal court, charging one or more other persons with the commission of one or more offenses, none of which is a felony.  It may serve as a basis both for the commencement of a criminal action and for the prosecution thereof in a local criminal court.  The Information and supporting depositions annexed to it supply allegations to each element of the crime on personal knowledge (for example, an information charging unauthorized use of an automobile will have a statement sworn to by a police officer which indicates that the defendant operated a motor vehicle.  Attached will be a supporting deposition of the vehicle's owner indicating that no person had permission to so use the vehicle).

A “Misdemeanor Complaint”  is a verified (sworn to) written accusation by a person, filed with a local criminal court, charging one or more other persons with the commission of one or more offenses, at least one of which is a misdemeanor and none of which is a felony.  It serves as a basis for the commencement of a criminal action and may be based on hearsay (example - the information alluded to above would be a misdemeanor complaint if the deposition of the vehicle's owner was not attached).  In most circumstances, a person may be held on a misdemeanor complaint for no more than 144 hours following an arrest.

A “Simplified Information” is a short form accusatory instrument, resembling a traffic ticket, in which traffic, parks, and environmental conservation charges may be filed.  It serves as a basis for the commencement of and trial on a criminal action and may be based on hearsay.

A Prosecutor's Information is a written accusation filed by the District Attorney, either at the discretion of a Grand Jury, the direction of a local criminal court, or at the District Attorney's own instance.

A Felony Complaint is a complaint charging a felony. It commences the proceeding, but cannot be the basis for a felony trial. In order for a person to be prosecuted to a verdict at trial, he or she must be indicted (charged) by a Grand Jury or must waive their right and agree to be prosecuted by a Superior Court Information.

An “Indictment" means a written accusation by a grand jury, filed with a superior court, which charges one or more defendants with the commission of one or more offenses, at least one of which is a crime, and which serves as a basis for prosecution thereof.

A “Superior Court Information” means a written accusation by a district attorney filed with a superior court pursuant to article one hundred ninety-five, which charges one or more defendants with the commission of one or more offenses, at least one of which is a crime, and which serves as a basis for prosecution thereof.

Arraignment

Most Suffolk County arraignments occur in Room D11 of the Cohalan Court Complex. However, if the arrest occurs in one of the East-End towns, arraignment will occur at the appropriate Town or Village Court.

An arraignment is the formal reading of the accusatory instrument, together with a setting of bail.  Provision is made to give the defendant an opportunity to get a lawyer or, if required, one is appointed.  Defendant is also given statutory warnings as to his or her right to counsel.

After arraignment, misdemeanor cases are then adjourned to the Conference Part of the District Court.  Cases involving felony complaints are first reviewed the District Attorney’s Case Advisory Bureau (CAB).  CAB will then, as appropriate, refer the case to a specialized bureau, reduce charges to misdemeanors, or present the case to a Grand Jury.  CAB also conducts felony early assessment dispositions (FED's) on certain felony cases in an effort to reach appropriate dispositions of such matters.

Felonies and Indictments

If the defendant remains in custody after arraignment on a felony charge, the District Attorney’s Office must present the case to a Grand Jury or otherwise dispose of the felony complaint within 120 hours from the arrest or 144 hours in the event that a Saturday, Sunday or holiday occurs, unless the defendant waives this condition, or the court must release the defendant on his own recognizance, unless exceptions apply.  Even if a defendant is discharged by the District Court Judge, however, the Grand Jury may still hear evidence and indict the defendant. The Grand Jury may hear evidence against persons held for its action by the District Court Judge.  In addition, a felony prosecution may first begin by the presentation of a case to the Grand Jury.

In order to proceed in a case involving a felony, the evidence must be presented to a Suffolk County Grand Jury, which then decides to indict the defendant on charges or dismisses the charges. The Grand Jury may also indict for misdemeanors and violations.

The Grand Jury consists of 23 persons selected from the usual jury rolls; 16 members constitute a quorum and 12 are necessary to return a “true bill” and vote an indictment.

A case is presented to the Grand Jury by an Assistant District Attorney. In each case, the Grand Jury, in absolute secrecy, votes on the charges presented.
The District Attorney is statutorily obligated to be the legal advisor to the Grand Jury. The Grand Jurors are instructed as to the elements of the crimes before it, as well as any other relevant legal question involved in the case. In addition, the Grand Jury may direct the District Attorney to issue and serve subpoenas to call witnesses. All proceedings of a Grand Jury, with the exception of the results of deliberations on the vote on an indictment or no true bill, are recorded by Certified Confidential Reporters.

The action of a Grand Jury, whether the dismissal of a charge or an indictment, is "handed up" by the jury's foreperson to a superior court judge.

An alternative to indictment by a Grand Jury is the “Superior Court Information” or “SCI.”  This is a written accusation by the District Attorney filed with a County Court Judge that is then signed by the Judge. In order to proceed with a Superior Court Information, the defendant must waive his right to have the case presented by Suffolk County Grand Jury. Superior Court Information's are most likely to occur in cases where a plea has been arranged prior to indictment.

Arraignment on Indictment

After an indictment has been voted and handed up, a defendant must be arraigned even if he was arraigned on the same charge in District Court. The arraignment has for the same procedure as a District Court arraignment--specifically, the charges are read in court and bail is set. At arraignment, the case is assigned to a County Court Judge and a conference date is set.

District/Town Court Conferences

Misdemeanor cases are conferenced in an effort to arrive at an appropriate disposition. If no disposition is reached, the case is adjourned and motions are generally made by the defense. These motions often seek further information (discovery) or relief from the court, such as a dismissal or reduction of the charges.

Usually after one or more conferences, a case is assigned for trial. Depending on the nature of the case, there may be pre-trial hearings on Constitutional issues (confessions, searches, identifications and wiretaps, etc.)

In general, persons charged with a misdemeanor are entitled to trial by a six-member jury.

County Court Conferences

Conferences in County Court are conducted by the judge in chambers with both the prosecution and defense counsel.

If no disposition is appropriate, the case is set for trial. Pre-trial hearings are held prior to trial and the order of the trial is the same as in District Court. In felony trials, there are 12 member juries, the peremptory challenges are by degree of crime (A-felony 20, B & C felonies 15, all else 10).

Trial

• The People examine prospective jurors (voir dire).
• The Defendant examines prospective jurors (voir dire).
• The People exercise challenges to excuse jurors. (each side has a certain number of "peremptory" challenges depending on the severity of the charges.
• The Defendant exercises challenges to excuse jurors.
• The Jury is sworn.
• The People open. (Outline case they intend to prove).
• The Defendant opens, if he wishes.
• The People call witnesses - the defendant cross-examines, if he wishes.
• The People rest their case.
• The Defendant calls witness, if he wishes - The People cross-examine.
• The Defendant sums up.
• The People sum up.
• The judge charges the jury - (gives instructions on the law).
• The jury deliberates and returns verdict (defendants may opt for a non-jury trial in which case the judge renders the verdict).

Appeals
In felony cases, convicted criminal defendants have one automatic right of appeal to the Appellate Division, 2nd Department. This Court usually sits in Brooklyn. In misdemeanor cases, appeals are first heard by the Appellate Term of the Supreme Court, which sits in Mineola.  Additional appeals must be made on motion and must be granted permission or "leave" to be heard.  Appeals from the Appellate Division are heard by New York’s highest court, the Court of Appeals in Albany.  Further proceedings in the nature of federal habeas corpus applications are heard first in the United States District Courts in either Central Islip or Brooklyn and then on appeal in the United States Circuit Court of Appeals, Second Circuit, in Manhattan.