In the typical situation, a criminal case begins with an arrest and an arraignment. In State Court, this usually happens before an indictment is handed down by a Grand Jury, while in Federal Court typically the defendant is arrested post indictment.
This section is intended to provide basic information about the initial arrest processing and arraignment in most cases. Not all cases are the same, and the information provided here may not apply to any particular situation.
You have valuable rights, don't waste them:
In some cases, shortly after the arrest, the police will attempt to get a confession from the defendant regarding the subject matter of the arrest. Under the Fifth Amendment to the United States Constitution, a person accused of a crime has the absolute right to remain silent and refuse to answer any questions. Under the Sixth Amendment to the United States Constitution, an individual accused of a crime has the absolute right to have an attorney present before speaking to law enforcement. These are valuable rights, and I have never seen anyone improve their situation by waiving them. The old phrase, "Anything you say can and WILL be used against you" is an absolute truth.
The Arrest:
Being arrested is one of the most traumatic and unexpected events in a person's life. In the minutes and hours after the arrest, the case against the client can be made much stronger by the police where a person doesn't know their rights, or where the police persuade a person to waive their rights.
Typically, people get arrested under two significantly different types of circumstances.
The most common situation is where the police are responding to an unfolding series of events. For example, where a people are involved in an intimate relationship and they have a violent dispute, this may lead to an incident of domestic violence. If one the parties or a neighbor was to call the police and they respond to the location while the situation is still unfolding or shortly their after, the police may arrest one the person they perceived as the one who caused some harm or injury. Another circumstance like this is where a police officer observes someone driving their car in an erratic manner, and they perform a car stop for suspicion of drunk driving. If the officer determines that he or she has probable cause to believe that the driver is intoxicated, they will make the arrest.
This type of situation, the police and the district attorney have to take their case as they find it. The evidence may not be as strong as the government would like, and often they will try to enhance their case. In the DWI scenario, the police will take a driver to a police precinct called the IDTU to perform sobriety tests that include a breath test using a device called the Intoxilyzer (commonly called a breathalyzer), physical coordination tests, and a lengthy questioning - all of which is recorded on video. This is a situation that asking for an attorney, and even more importantly, calling a lawyer can make a huge difference in the ultimate outcome of the case.
The second typical circumstance where people get arrested is after an investigation. This can be a simple situation like the domestic violence case I mentioned before where the person accused of engaging in violence left the scene before the police arrived. When this happens, the responding officers will take a report and then refer the matter to the detective squad for further investigation. Once a detective is assigned, he or she will attempt to track down the client to arrest them. Alternatively, the investigation could be a long term thorough investigation with subpoenaed records, search warrants, under cover officers, surveillance, and wiretaps.
Whether it is a relatively simple investigation, or a longterm complex investigation, retaining an attorney immediately can help to dictate the outcome of the case, and in the short term, make an difficult situation less stressful.
When the Michael Fineman, Esq. is contacted by a client who has just been arrested, or where the arrest is imminent, he springs into action to protect that client's rights and minimize the harm the client is experiencing by the arrest. Where clients have been contacted by law enforcement requesting that client to "come in for a conversation," Michael Fineman quickly determines if the police simply want to talk to a client, or if they are seeking the client to turn themselves in to be arrested. If the government is just seeking an opportunity to speak to the client, we assess the risks versus reward to speaking to the government and proceed accordingly. Where the police are seeking the client to turn themselves in, Mr. Fineman arranges a voluntary surrender that is as convenient as possible to the client in order to minimize the interruption in the client's life, and the maximize the possibility that the client will be released from custody as quickly as possible with either no bail, or low bail.
"The right lawyer can mean the difference between sleeping in your own bed or on Rickers Island."
The Arraignment:
After a client is arrested, fingerprinted, photographed, and the paperwork is completed, the client will be brought to the courtroom for arraignment. This is the beginning of the judicial process. This is the first court appearance in the case and is the time that you first learn what the government is accusing you of doing. Once the government serves and files the charging document, whether that be a complaint or an indictment, the prosecutor will usually make a bail argument. An experienced and talented attorney like Michael Fineman, Esq. will be able to quickly formulate a strong argument to persuade the judge that the client is not a flight risk and should be released without bail, or with a reasonable bail package so that the client will be able to go home as quickly as possible.
Court Locations:
BRONX COUNTY
Location
The Bronx arraignments is located in the old Criminal Court building at 215 East 161st Street, between Sherman & Sheridan Avenues. After arraignment, most cases will be heard in the Bronx Hall of Justice located at 265 E 161st St, Bronx, NY 10451
Public Transportation Directions
Take the C, D or 4 train to Yankee Stadium/161st Street Station.
Take the BX 6 or BX 13 to East 161st Street & Sheridan Avenue; the BX 1 to East 161st Street & Grand Concourse.
Arraignments [excluding Desk Appearance Tickets (DATs)]
Monday - Sunday: 9:00 a.m. to 1:00 a.m.
General Information: (718) 618-2400
Desk Appearance Tickets (DATs),
Monday - Friday: 9:00 a.m. to 5:00 p.m., except holidays.
General Info: (718) 618-2460
KINGS COUNTY (Brooklyn)
Location
Kings County Criminal Court is located at 120 Schermerhorn Street, Brooklyn near Livingston Street & Smith Street.
Public Transportation Directions
Take the N, R or M train to the Lawrence Street Station; the G train to the Hoyt Street & Schermerhorn Street Station; the A, F or C train to the Jay Street Station; the 2, 3, 4 or 5 train to the Borough Hall Station.
Take the B67, B41 or B45 bus line to Livingston Street & Smith Street; the B63 or B65 bus line to Atlantic Avenue & Smith Street.
Arraignments [excluding Desk Appearance Tickets (DATs)]
Monday - Sunday: 9:00 a.m. to 1:00 a.m.
General Info: (347) 404-9450
Desk Appearance Tickets (DATs), all other Court Parts, Clerk's Offices
Monday - Friday: 9:00 a.m. to 5:00 p.m. except holidays.
General Info: (347) 404-9400
RED HOOK COMMUNITY JUSTICE CENTER
Location
The Red Hook Community Justice Center is located at 88-94 Visitation Place, Brooklyn.
Public Transportation Directions
The B61 bus stops a half block from the Justice Center, you may take the A,C or F subways to Jay St/Borough Hall and transfer to the B61.
Clerk's Offices
Monday - Friday: 9:00 a.m. to 5:00 p.m. except holidays.
General Info: (718) 923-8200
NEW YORK COUNTY (Manhattan)
Location
The New York (Manhattan) Criminal Court has 2 locations approximately three blocks south of Canal Street. The Criminal Court building at 100 Centre Street is one block from Worth Street near Leonard Street & Franklin Street. The Criminal Court building at 346 Broadway is between Worth Street & Leonard Street.
Public Transportation Directions
Take the No. 4 or 5 train to the Brooklyn Bridge Station; the C, N, R, 6 train to Canal Street; the 1 train to Franklin Street.
Take the 1, 6 or 15 bus line.
Arraignments [excluding Desk Appearance Tickets (DATs)]
Monday - Wednesday: 8:00 a.m. to 1:00 a.m.
Thursday - Sunday: 9:00 a.m. to 1:00 a.m.
General Info: (646) 386-4545
Desk Appearance Tickets (DATs), all other Court Parts, Clerk's Offices
Monday - Friday: 9:00 a.m. to 5:00 p.m. except holidays.
General Info: (646) 386-4511
MIDTOWN COMMUNITY COURT
Location
The Midtown Community Court is located at 314 West 54th Street.
Public Transportation Directions
Take the N or R train to the 57th Street Station; the A, C , D, 1, 9 train to the Columbus Circle Station.
Clerk's Offices
Monday - Friday: 9:00 a.m. to 5:00 p.m. except holidays.
General Info: (646) 264-1300
QUEENS COUNTY
Location:The Queens Criminal Court is located at 125-01 Queens Blvd. near Hoover Avenue & 82nd Avenue. The Summons Part is located across the street in the Borough Hall Building.
Public Transportation Directions
Take the E or F train to the Union Turnpike Station. The Q60, Q37, Q74 and Q46 buses all have stops in close proximity to the Courthouse.
Arraignments [excluding Desk Appearance Tickets (DATs)]
Monday - Sunday: 9:00 a.m. to 1:00 a.m.
Desk Appearance Tickets (DATs), all other Court Parts, Clerk's Offices
Monday - Friday: 9:00 a.m. to 5:00 p.m. except holidays.
General Info: (718) 298-0792
RICHMOND COUNTY (Staten Island)
Location
The Richmond (Staten Island) Criminal Court Building is located at 26 Central Ave, Staten Island, NY 10301
Public Transportation Directions
The Court is a few blocks from the Staten Island Ferry Terminal, and is accessible by numerous bus lines. There is a Municipal Parking Garage on the same block as the Court House.
Arraignments [excluding Desk Appearance Tickets (DATs)]
Monday - Friday: 9:00 a.m. to 5:00 p.m.
Saturday and Sunday: 9:30 a.m. to 1:00 p.m.
Desk Appearance Tickets (DATs), all other Court Parts, Clerk's Offices
Monday - Friday: 9:00 a.m. to 5:00 p.m. except holidays.
General Info: (718) 675-8558