What Happens After A Grand Jury Indictment?

A criminal case gets started with a grand jury – A grand jury is a group of people called to determine whether there is sufficient evidence to bring criminal charges against someone. During grand jury proceedings, the prosecutor presents evidence to the grand jurors, in the form of witness testimony and/or the presentation of documents.

When and If the grand jury determines the prosecutor has presented sufficient evidence, the grand jury issues an indictment: A formal accusation of a crime. After the indictment is issued, the accused will either be arrested, or permitted to voluntarily surrender to law enforcement. Next, the accused will be processed or “booked” as a defendant in the criminal case.

This includes getting fingerprinted, and having photographs taken.

What happens after indictment in New York?

The New York City Court System – New York City has five (5) major courts. Each court has different jurisdictions pertaining to particular legal matters that they handle.

1. Civil Court of the City of New York
2. Criminal Court of the City of New York
3. Supreme Court of the State of New York
4. Family Court of the State of New York
5. Surrogate’s Court of New York, Bronx, Queens, Kings, and Richmond Counties.

The focus of this section will be on the Criminal Court of the City of New York, and the Supreme Court of the State of New York (Criminal Part). Learn more about the New York State Unified Court System,

1. District Attorney’s Office
   1. After an officer makes an arrest, he/she will present information about the case to the District Attorney’s Office, The District Attorney’s Office will then determine whether to file charges against the suspect.
   2. If the District Attorney’s Office decides not to file charges, the suspect will be released.

   If you have any questions regarding a case where you were a victim, once it has been referred by the police to the District Attorney’s office, please contact the Assistant District Attorney (A.D.A.) assigned to your case.

2. Filing Charges
   1. If the District Attorney’s Office decides to file charges against a suspect, the charges will be presented in front of a judge for an arraignment,
   2. Please note that although the District Attorney’s Office will handle your case, they prosecute on behalf of the State of New York in Criminal Court or Supreme Court, not on behalf of individuals.
3. Defense Attorney
   1. All suspects being charged with a crime have the right to be represented by an attorney.
   2. The suspect can hire an attorney, or if he/she cannot afford an attorney, the court will provide one.
   3. Suspects’ Defense Attorneys sometimes contact victims about their case. do not have to talk to defense attorneys or their investigators and are encouraged to contact the prosecutor if have any concerns about such requests,
4. Arraignment After the Arrest
   1. After the arrest, the defendant is taken before a judge of the Criminal Court of the City of New York for an arraignment.
   2. At this time, the defendant can plead guilty or not guilty to the charges against him/her. If a defendant pleads guilty, the court may impose a sentence immediately, or set a future court date for that purpose.
   3. Upon or after arraignment, the court may issue an Adjournment in Contemplation of Dismissal (ACD), which postpones or “adjourns” the case to a later date. Obtaining an ACD does not mean the defendant didn’t commit the crime. There are usually conditions placed upon the ACD which the defendant must comply with prior to the case being dismissed, such as not engaging in any illegal activity or participating in a relevant program. An ACD does not require the defendant to admit his or her guilt. However, if the defendant does not meet all of the conditions put in place by the court, the case goes back before the judge to be adjudicated.
   4. An Order of Protection may be issued at this time at the request of the Assistant District Attorney.
5. Bail
   1. Depending on a number of factors, a defendant may go to jail, may receive bail or may be released on his/her own recognizance while the case is pending.
      1. If a defendant cannot post bail, he/she will be detained in jail,
      2. Defendants who can post bail or are released on their own recognizance will be given a date to appear in court. Failure to appear at this court date will result in a bench warrant for the defendant’s arrest.
6. Grand Jury (Felony cases only)
   1. The Assistant District Attorney (A.D.A.) presents the evidence against the defendant to the grand jury, The defendant may also testify before the grand jury.
   2. The grand jury then decides if there is enough evidence to bring the case to trial,
      1. If the grand jury decides there is enough evidence, an indictment is issued.
7. Arraignment on Indictment (Felony cases only)
   1. After the indictment, the defendant is arraigned in the New York City Criminal Court.
   2. At this time, with the assistance of a defense attorney, the defendant may enter a plea of guilty or not guilty to the charges against him/her.
   3. The judge has the right to accept or reject a guilty plea that is submitted by the defendant.
      1. If the guilty plea is accepted, there is no trial and the defendant will be sentenced. Sentencing can be right away or set for a later court date.
   4. If the defendant pleads not guilty, a date will be set for a trial.
   5. At this time, a temporary Order of Protection may be issued at the request of the Assistant District Attorney, which will be in place while the case is pending. And a final order will be issued upon a plea or conviction.
8. Calendar Part
   1. At this stage various motions, pleas and court hearings occur before going to trial.
      1. During any point of this stage, a plea agreement may be negotiated between the defendant, the judge and the Assistant District Attorney (A.D.A.). The defendant may enter a guilty plea, or the case may be dismissed for a variety of reasons.
   2. An Order of Protection may be issued at this time at the request of the Assistant District Attorney.
9. Trial
   1. Trials can be conducted for violations, misdemeanors or felonies,
   2. The Assistant District Attorney (Prosecution) will present evidence in order for the judge or jury to decide if the defendant is guilty or not. The defendant also has an opportunity to present evidence.
   3. The trial will result in a conviction or an acquittal of the charges against the defendant.
      1. If convicted (found guilty), the defendant will be sentenced, The judge has discretion with regard to sentencing or application of the law.
      2. If acquitted (found not guilty), the defendant will be released, unless other charges are pending, or defendant is serving another sentence.
10. Sentencing
    1. Sentencing occurs after a defendant has been found guilty by a jury or judge, or pleads guilty to the charges.
    2. The sentence depends on a variety of factors, including, but not limited to, the severity and type of crime committed and prior criminal history.
       1. A judge may sentence a defendant to a term of imprisonment, a term of probation, a conditional discharge, an unconditional discharge, or impose a fine,
       2. After sentencing, the defendant can appeal the conviction or the sentence,

How long does Texas have to indict you on a felony charge?

Felony Court Process The Arrest Citizen is arrested either on view by a police officer who saw them commit a crime, or by warrant supported by an affidavit stating probable cause. In Dallas, agencies have 72 hours after arrest to file their case with the D.A.’s office.

1. An individual who has not made bond prior to the 72 hours will be released if the agency has not filed their case.
2. In other jurisdictions, the police agency may have much more time to file a case.
3. As a practical matter, the filing of a case requires only a brief narrative stating probable cause and many agencies now file electronically.

Beyond the arrest the D.A.’s office has 90 days in which to indict the case by presenting a case to the grand jury and securing a True Bill. Individuals still in jail beyond 90 days without the presentment of a case to the grand jury must be released on a reduced bond or a personal recognizance bond.

• The Grand Jury The grand jury consists of 12 citizens from the community who hear a brief recitation of the basic facts of the case.
• Often times it is only a reader who reads a police report and has no personal knowledge of the case.
• The summary for many cases may be less than a minute. The D.A.
• Controls what evidence the grand jury hears and the defendant and his attorney have no right to be present.

Cases do get No Billed which is where the grand jury finds no probable cause and the case is dropped. The Trial Court In some place like Dallas, the trial court prosecutor has probably never seen your case before it was indicted and knows very little about the case at the first setting.

In others like, Rockwall or Kaufman, the trial prosecutor presented your case to the Grand Jury. In many cases, the prosecutor’s strategy is to recommend much greater punishment than they would eventually agree to, to avoid a trial. That is, of course, unless your case is one that a prosecutor identified early as a case they want to try.

If this is the case, beware, because they will be seeking the maximum possible punishment. Many citizens accused of crimes talk to others who have been through similar situations. This is a horrible mistake. Each prosecutor has a different personality, skill level and work ethic.

Your friend may have gotten lucky with a lazy prosecutor, but now you are facing down a straight-up killer. This is one of many factors that make the trial court process so dynamic, let alone what judge you are in front of. You may get a good deal because the prosecutor likes your attorney, is going on vacation, or is too hungover to get ready for trial.

Many aspects are unpredictable. The Jury Trial Dallas, like many jurisdictions, can call up a jury at any time on almost any day of the week. Prosecutors and judges are comfortable in trial. It is more interesting than the normal docket day and they can avoid annoying phone calls and paperwork.

• An individual who chooses to go to trial should do so carefully, with a clear understanding of what the potential risks are.
• Many a defendant have turned down a reasonable offer only to secure a huge punishment verdict at their expense.
• In other counties, more planning is necessary to summon a jury, but the docket may be more wide open, so the judge may not be as keen on granting a reset.

Jury selection is the most important phase of trial. The group of 12 that end up in the box have likely already made up their mind which side they would like to see win before they are even sworn in by the judge. First impressions are key: the professionalism and preparedness of your attorney versus the prosecutor, as well as the key themes of your case that your lawyer is presenting, compared to the government.

The jury is watching everything and they are making up their mind. The rest of the trial is where the jury looks for information that will justify the decision they have already made. An experienced lawyer knows that most of the time they can only make a difference in the borderline case. Rarely can a lawyer can win the unwinnable case without the help of a prosecutor who tanks it.

The key is knowing the value of the case before you walk in the courtroom and communicating that to your client. Testimony and arguments are much more interesting than jury selection and there are also sometimes surprises. But case evaluation, preparation, and jury selection remain the most important factors in jury trial success.

A mistake that many people make is picking only the facts and arguments that support their point-of-view on the case and ignoring anything to the contrary. Many people think that attorneys are there only to argue for their clients side regardless of conflicting evidence. In fact, the best attorneys take in all the facts, including bad facts, and make it all fit to support their client’s position.

A jury sees through anything else and always wants to go with the truth giver in the courtroom. : Felony Court Process

What happens after grand jury indictment Georgia?

Grand Jury – Felony cases only) The 23 citizens on the Grand Jury hear testimony and review evidence relating to the crime. They determine whether there is sufficient evidence to bring an indictment to trial. If an indictment is returned (True Bill), the case goes to the Superior Court for trial.

What happens after grand jury indictment in Texas?

What happens after you’ve been Indicted? – After the Grand Jury hands down the indictment, you will either be arraigned before a Judge, or a warrant will issue for your arrest if you are not in custody. At your arraignment, the Judge will read the indictment.

This process cannot be waived or sped up under current Louisiana law. You will then enter a guilty or not guilty plea. If no bond has been set, it will be set and you will be remanded to the custody of the local sheriff. You will not be entitled to a preliminary hearing if you have been indicted because an evidentiary hearing was already held before the Grand Jury.

Instead, your case will be set for trial and discovery will be presented to your lawyer. You will then have a chance to discuss plea negotiations with the District Attorney or prepare for trial.

How long does grand jury have to indict you in NY?

The felony process differs from the misdemeanor process in the beginning stages of the case because there are threshold requirements to charge somebody with a felony and then the Criminal Procedure Law requires people charged with felonies to be INDICTED by the GRAND JURY. Basic felony timeline: 1. Arrest / Charges filed by police 2. Arraignment / Bail Review

this is where the judge decides if the person charged with a felony “is a risk of flight” from the county where charged. Then the judge decides if BAIL (i.e. money) needs to be put on the defendant and how much to prevent them from running away. In most cases, any significant bail (i.e. $10,000 cash / $20,000 bond) will essentially lock somebody up for the duration of the case. For serious felonies, the Judge can simply REMAND (or lock up the Defendant) during the case. ***IMPORTANT: if the case looks like somebody will be doing jail time eventually, having bail set on them is the only way they can accrue “time in” which will later be applied to their ultimate sentence. Bail can be used to your advantage to shorten a jail sentence later in the case.

3. Felony Preliminary Hearing (at local court -not county level)

this hearing is an opportunity to question the police officer, and is required for the prosecutor to prove that charging the felony was appropriate. It is a low standard that is usually met. Then the case is transferred to the County Court level. (called Supreme Court in NY)the prelim hearing can also be waived by the defense in exchange for extra discovery from the prosecutor or other deals. This is a very common strategy in most Felony DWI cases in Tompkins County and the surrounding area.

4. Discovery Phase

same as misdemeanor-just longer (see page)

5. Indictment / Grand Jury Proceedings

Often, it can take time for a felony to be indicted by the Grand Jury. Alternatively, the prosecutor can decide NOT to indict the case and reduce the charges to a misdemeanor (which will remove the case to a lower court). The Prosecutor has six months to indict a Defendant for a felony charge.if the Grand Jury indicts the defendant, then the felony case is on the trial track. Time lines and procedural guidelines must be followed by the court.

Alternatively, a felony case can be negotiated Pre-Indictment -and sometimes this can yield a much better offer from the prosecutor. In this scenario, a Defendant pleads guilty by way of a Superior Court information (SCI). *6. Negotiation with Prosecutor (usually ongoing process) *7.

• Pre-Trial Conferences *8.
• Motions / Suppression hearings *9.
• Voir Dire *10.
• Motions in Limine *11. Trial 12.
• Sentencing At the felony level, a person can only plead guilty after having been INDICTED by a Grand Jury or by means of an “SCI”,
• An SCI allows the defendant to waive indictment by a grand jury often as part of a plea deal.

This can expedite the process for the prosecutor and thereby, encourages them to give a better deal to the defendant. STORY: I once represented somebody charged with over 50 counts of burglary (a Class B violent felony) in multiple counties. My co-counsel and I negotiated a deal with the local prosecutor that involved my client waiving their indictment and agreeing to be prosecuted by SCI in exchange for pleading guilty to only 1 count of Burglary with the minimum sentence.

How long can you be held in jail before seeing a judge in NYC?

First Arraignment – In New York, the first arraignment is called the initial arraignment and must take place within 48 hours of an individual’s arrest. That can be stretched to 72 hours if the individual was arrested on the weekend and unable to see a judge until Monday. Most people arrested must be released if they are not arraigned within 24 hours.

Do felonies go away after 7 years in Texas?

Criminal History Reporting: The 7 Year Rule – Houston Criminal Lawyers General Law People often ask me whether a criminal conviction falls off their record after seven years. The answer is no. First of all, let’s clarify what a record is. Your criminal history record is a list of your arrests and convictions.

When you apply for a job, an employer will usually hire a consumer reporting agency to run your background. The report the agency provides is not really your official criminal history; rather, it is a report of what they found based on public records. The Seven Year Rule Where did the seven year rule come from? Under federal law, the consumer reporting agencies cannot report an arrest that is over seven years old.

However, they may report a conviction no matter how old it is. So if you are arrested and the charges are dismissed, the consumer reporting agency is not supposed to report the arrest if the arrest is over seven years old. However, if the arrest results in a conviction (a finding of guilt) then the agency can report the information forever.

The seven year rule has one important exception–if you are applying for employment and the salary is over $75,000, the agency can still report the arrest. Overall, in the criminal history reporting context, the seven year rule provides almost no protection to job applicants with arrests. Remember that a consumer reporting agency cannot report non-public information.

So if your arrest is expunged by a court or if you have a Deferred Adjudication that was sealed with Non-Disclosure, the agency can no longer report the arrest regardless of when it happened. : Criminal History Reporting: The 7 Year Rule – Houston Criminal Lawyers

What happens when you get 3 felonies in Texas?

Strike Three – The third time you are convicted of a felony is your third “strike,” and the sentence is drastically enhanced. If you have two prior felony convictions of any degree (except a state-jail felony) and you are subsequently convicted of another felony of any degree (other than a state-jail felony), you can be sentenced to imprisonment for life or for a period of 25–99 years.

1. If you have two non-state-jail felonies and are convicted of a state-jail felony as your third strike, you will be sentenced as if you had committed a second-degree felony, raising the potential sentence from 180 days – 2 years to 2–20 years.
2. And that conviction is considered a felony conviction that may be used to enhance a later felony conviction, even a state-jail conviction.

What is important to note is that the seriousness or degree of felony committed as the first, second, or third strike doesn’t matter. Once you reach three felony convictions, the enhanced sentencing terms apply, and if you are convicted of that third felony, the sentence ranges from life in prison or a term of 25–99 years.

1. Strike One
2. Strike Two
3. Strike Three
4. Other Important Elements

What is the most serious felony in Texas?

Types of felonies – A capital felony is the most serious criminal offense in Texas. If convicted of a capital felony, you may be sentenced to life in jail or face the death penalty. This category of crime and punishment is usually reserved for those who commit murder.

A first-degree felony is a crime that typically includes some type of aggravated crime, such as assault or kidnapping. Sentencing results could range from 5 years in prison to 99 years. Fines usually don’t exceed $10,000 and are often closer to the high-end of this amount. If you don’t have a criminal history, then you could be sentenced to probation.

However, you would need to follow strict guidelines before you’re released or risk spending time in prison if you commit a violation. A second-degree felony is a criminal offense including crimes such as aggravated assault, aggravated kidnapping, arson and more.

• Penalties include jail time from 2-20 years and up to $10,000 in fines.
• Some second-degree felonies can be upgraded to a first-degree, depending on the circumstances of the case.
• A third-degree felony includes charges such as possession of between 5 and 50 pounds of marijuana, intoxication assault, child abandonment and more.

Penalties can range between 2 and 10 years in jail and up to $10,000 in fines. There is an option for probation, which would include a strict set of rules for violators to obey. A rather new charge in Texas is a state jail felony, This is still a felony charge but has among the least penalties compared to other types of felonies.

What happens after grand jury indictment in Virginia?

Following indictment, the accused is arraigned; that is, the charges are read and the accused enters a plea of guilty, not guilty, or nolo contendere (no contest). An accused may be first charged with a felony by grand jury indictment; in such cases, no preliminary hearing is held in district court.

What happens after grand jury indictment in KY?

Arraignment in Circuit Court – Once indicted a case will be arraigned. This is an opportunity to enter a plea—almost always “not guilty”; though in some cases a “rapid disposition” or “rocket docket” agreement will be entered and the defendant will plead guilty at arraignment.

Practitioners would do well to be careful of these types of pleas. They are not necessarily a bad idea, but waiving the right to receive discovery (the evidence against the defendant) could, in some cases, be perceived as ineffective assistance of counsel. Ultimately, the decision whether to accept a rapid disposition or “rocket docket” should be decided on a case-by-case basis.

Many times these are great offers and worth waiving the right to discovery, but it does not follow that one should say “yes” to the first opportunity to plead guilty. Especially when one doesn’t know the strength of the government’s case. In some jurisdictions, a trial date will be set at arraignment in Circuit Court.

How long does an indictment take in GA?

How Long Does it Take to Be Indicted in Georgia? – The indictment process begins when a person is arrested or charged for a criminal act. However, the length of time for the process to conclude can take up to 2 years for a felony charge. It is also important to note that it could be longer depending on the severity and public exposure of the crime.

How long is trial after indictment in Texas?

After Indictment, How Long Before Trial? – How long after arraignment is trial? Your preliminary hearing typically takes place about ten days after your arraignment if you’ve been in jail, or 20 days if you’re not in jail. Your trial needs to begin no more than 180 days after your arrest.

Now you know the basic Texas indictment requirements, the difference between charged and indicted, and which returns an indictment. Regardless of your legal knowledge, you still need the help of an attorney to guide you through your case after an indictment. Please contact The Law Offices of Kretzer and Volberding P.C.

today to get started.

Do all felony cases go to grand jury Texas?

Grand jury: where the community meets the law Assistant District ­Attorney in Harris ­County It was a day like any other day. My messy desk gave the illusion that more work was being done than actually was, people were stopping by to talk, and emails were interrupting as they annoyingly do.

Then it happened. Often people say they have a premonition before things like this happen to them. Some people, like me, just walk into them blindly. “It” was an email inviting me to write an article about grand juries. My initial reaction, usually the right one, was to reply, “Brewer died recently in a horrible incident on one of the elevators in the Harris County Criminal Justice Center; therefore, he is not be available to help.” I’m a trial lawyer; I don’t write—not anything for publication, anyway.

But I reconsidered because, well, I do know a little about this stuff. Grand juries are what I do every day at the Harris County District Attorney’s Office as the Division Chief of Grand Jury. So here is my primer on grand juries and the role we prosecutors play in the process.

• Are there specific statutes about grand juries?Yes, actually.
• If you find yourself in need of actual legal authority about grand juries, go to chapters 19 and 20 of the Code of Criminal Procedure.
• Chapter 19 tells a district court judge how to “get him or herself” a grand jury and chapter 20 tells how the grand jury works once there is one.

What is a grand jury?A grand jury is a group of 12 people who meet the qualifications set out in Art.19.08 of the CCP. They must be citizens of the county in which the grand jury sits, able to read and write, not under indictment, etc. Pretty basic stuff—much like the citizens we want on our trial (petit) jury, we are looking for good, decent folks.

But Art.19.06 suggests the court consider additional factors when starting the selection process: that those chosen “represent a broad cross-section of the population of the county, considering the factors of race, sex, and age.” It is a very rare occasion that the law mandates that we take into account things like race, gender, and age when selecting a group of citizens to serve in the criminal justice system.

Obviously, the idea is to have a grand jury made up of people from a variety of backgrounds representing the entire county in which it sits. Every felony case that goes to trial or pleads must be indicted by a grand jury unless the defendant chooses to waive indictment and proceed per the Texas Constitution.

The most common role of the grand jury is to listen to the facts of a case and determine if probable cause exists for the charges alleged against the defendant. The grand jury is also an investigative body. It can assist the district attorney’s office in uncovering evidence to support charging a particular defendant with a crime, or it can choose to independently investigate matters brought to its attention.1 How is a grand jury selected?A district court judge may use one of two methods to select grand jurors, and they are both found in Art.19.01.

The first method allows the judge to appoint no fewer than two or more than five jury commissioners to assist the court by recruiting people who are willing to serve. The commissioners must be qualified per Art.19.01(a) and sworn in per Art.19.03. Of course they must be able to read and write but, interestingly, they also must be “intelligent citizens of the county” and residents of “different portions of the county.” The commissioners are sworn with the expectation that they will then supply the court with 15 to 40 qualified potential grand jurors.

1. It is actually the commissioners, not the court, who are instructed “to the extent possible” to consider race, gender, and age to have a group of potential grand jurors who represent a broad cross-section of the community.
2. The second method of selecting a grand jury is basically what prosecutors would recognize as voir dire.

The judge can have a group of 20 to 125 prospective grand jurors, an array, brought in for questioning regarding qualifications and willingness to serve. Once an array of citizens has been provided to the court via either of these methods, the court will have them swear an oath to tell the truth and then question them.

The judge must be satisfied each person meets the qualifications spelled out in Arts.19.08 and 19.23. Given the emphasis on diversity included in the CCP, regardless of the selection method, when the judge makes his final selections, the panel should represent a wide cross-section of citizens from throughout the county.

The court is to select 12 grand jurors and up to two alternates and choose from among them a foreman. The court then administers the oath included in Art 19.34. (In Harris County we swear the alternates separately from the 12 regular grand jurors.) Voila! You have yourself a grand jury.

For those non-civic minded souls who want to escape the opportunity to serve their county, see Art.19.25 for a list of acceptable excuses not to serve, even if someone is otherwise qualified. How many grand jurors must be present to ­function?Art 19.40 says a quorum of nine grand jurors must be present to discharge any duty given the grand jury.

Also nine grand jurors must vote to “true bill” or indict a case. Failure to get nine votes will result in a no-bill. If only nine grand jurors are present, be certain that the case is strong enough to ensure a true bill if that is what you are seeking.

How is information ­presented to the grand jury? In the vast majority of cases here in Harris County, the prosecutor simply recites the relevant facts to the grand jury so the jurors can decide if probable cause exists to indict the defendant. Evidence may also be presented to the grand jury via documents or testimony from witnesses, including the accused.

The CCP requires that all testimony before the grand jury by the accused be recorded,2 but the better practice may be to record all testimony before the grand jury. Before any grand jury testimony can be released to the defense, particularized need must be shown and the court would then order the release of the testimony.3 What happens in the grand jury room? Only certain people are allowed in the room with the grand jury when facts are being presented or when testimony is being given.

Given the secret nature of the proceedings, the list in the code pretty much makes sense: grand jurors, the prosecutor, the witness or accused, an interpreter if needed, a person to record the proceedings (usually a stenographer), and the bailiffs. Notice that your intern, boyfriend, and mother-in-law are not on the list, even if they think it would be really cool to sit in.

The only other person statutorily allowed in the room during presentation is a witness who may assist the prosecutor in examining other witnesses. Typically this is an expert or an investigator who might have information the prosecutor needs to effectively question a witness.

But be careful who asks the questions! The code restricts who can play Tomás de Torquemada; only the representative of the State or the grand jurors can actually ask questions of the witness or the accused. After the questioning is over, everyone but the grand jurors vacate so they can deliberate probable cause in private.

Although just about everything concerning a grand jury investigation is secret, deliberation is the most secret. Many errors in the grand jury process can be considered “technical” in nature and therefore will be subject to harm analysis upon appeal.4 Having someone besides the jurors in the room during grand jury deliberation will result in your case being reversed and having to try it again.5 Are there special ­procedures for testimony by a witness or the accused?Yes.

If a witness is going to give testimony, then she must be sworn in using the oath in CCP Art.20.16 mandating that she tell the truth and keep secret any matter about which she was questioned or which she observed. If that secrecy is violated, the witness can be found in contempt and fined $500 and/or imprisoned for up to six months.

If the accused testifies, then Art.20.17 controls the process. Along with providing the accused a written copy of the admonishments in Art.20.17, similar to the Miranda warnings, the accused must be given an opportunity to consult with a lawyer if he so desires.

Of course if he cannot afford a lawyer, he can ask the court to appoint one. Before questioning starts, the accused must be told by the grand jury what he is suspected of and where and when it occurred. It seems best to just add this to the written admonishments the State must provide anyway under Art.20.17.

At no time is the defense attorney allowed in the grand jury room, though the accused should be allowed an opportunity to consult with the attorney during questioning if he desires. The attorney can wait in the hallway and the witness may step in and out of the grand jury room to consult.

If that gets too tedious, the grand jury can certainly terminate the questioning and just vote based on what they have heard. That usually doesn’t go too well for the accused. For what can the grand jury actually indict the accused? In most circumstances we prosecutors have a charge in mind when we present a case to the grand jury.

Regardless of what we expect, the grand jury can no-bill a case or return a true-bill if probable cause exists for any offense they think applies, including a lessor charge or a misdemeanor. What is the prosecutor’s role?Clearly our role is to inform the grand jury when criminality is afoot in our jurisdictions and provide it with the details necessary to true-bill or no-bill a case.

1. But the prosecutor’s role when dealing with grand juries goes much farther.
2. Statutorily, CCP Art.20.05 tells us that the grand jury can request our assistance and “ask advice upon any matter of law or upon any question arising respecting the proper discharge of their duties.” Because a grand jury is typically composed of regular (usually non-lawyer) citizens, they oftentimes need advice regarding the law.

On occasion, a grand jury will look to the prosecutor for guidance regarding its decisions. Although most prosecutors steer away from flat-out telling the grand jury what they think should be done (i.e., “Please no-bill this case”), there doesn’t seem to be any admonition in the code stopping us.

1. I think the real reason is wariness on the part of the prosecutor to be seen as controlling the grand jury or infringing upon its independence.
2. Such straightforward requests from a prosecutor can often upset the sensibilities of a grand jury, resulting in questions like, “Why are you using us to get rid of the case? Why didn’t you dismiss it?” The reality is that we may be “allowing” them to dispose of a case that ultimately we would have to dismiss.

Is that OK, or should we be taking the responsibility and filling out the nolle ourselves? I can say that I have done both many a time. It seems to me that both prosecutors and grand juries have the responsibility of disposing of “bad” cases. Their responsibility starts at determining if probable cause exists but also includes a healthy dash of “how do we feel about this particular case in our county?” What to do with evidence that favors the defendantObviously taking cases to a grand jury is not an adversarial proceeding because the defense attorney is not allowed in the room.

• Because it is not adversarial, appearing before the grand jury is another one of those times where prosecutors need to play the roles of both prosecutor and defense attorney.
• Being fair in the grand jury room definitely includes informing the grand jury of things exculpatory and mitigating.
• The goal is to give the grand jury a complete picture of all the relevant facts, good and bad.

After all, these are facts the State may have to deal with at trial, and this is probably our first chance to see how a “jury” responds to them. If the grand jury is uncomfortable with the case, you better believe the prosecution will have issues at trial.

For a short discussion of the split in Texas caselaw on the necessity to present exculpatory evidence to the grand jury see In re Grand Jury Proceedings.6 What we should not address in the grand jury roomIssues that are irrelevant or purely meant to prejudice the accused should not be relayed to the grand jury.

Also, be careful that any paperwork grand jurors receive before voting does not contain such things. Information such as race and criminal history typically is not relevant to determining probable cause. But like any good, simple rule, there is always an exception.

1. Criminal history can be relevant when it is jurisdictional (e.g., theft 3rd or DWI 3rd).
2. Criminal history can also be relevant when the accused has engaged in a crime that fits a pattern from his past.
3. The fact that an accused has stolen cars in the past may not be information prosecutors need to pass on to the grand jury in an auto-theft case, but the fact that the accused has previously used a knife to kill two people, making the same claim of self-defense as in your murder case, I believe is relevant.

Of course the grand jury can always decide to ask about criminal history. If they do, prosecutors have two choices, to tell them or not, but if you do, make sure they know they should not use that information to determine probable cause in your case. Should I encourage the grand jury to hear ­witnesses? The answer is always yes if the witness is the accused! Grand-jury testimony is an unprecedented opportunity to ask the defendant any questions, including about his defenses, who helped him, to whom he has told his story, who his witnesses are, what he did with the evidence, what he did in the two weeks between the crime and his arrest, and anything else we can think of.

1. You may even get information that allows you to obtain a search warrant.
2. Remember, a prosecutor’s job in grand jury is not to refute what the defendant says, but to gather information, including material that may be of use against the defendant in trial.
3. When a prosecutor is considering putting a witness other than the defendant before the grand jury, the question is a little more complicated.

The State certainly can use the grand jury to “tie down” a witness’s testimony. If you’re not sure what the testimony will be, then it’s best to find out now. If you already know what the story is—and let’s hope it has been written down or recorded—then it might be unnecessary.

Also note that though a defense attorney has to show “particularized need” to obtain grand-jury testimony, that decision is up to the judge. How secret are grand jury proceedings?Secret enough to cost a violator $500 and 30 days in jail! The code tells us that the “proceedings of the grand jury shall be secret.” Provisions are made in Art.20.02(c) for prosecutors to share information obtained via the grand jury with another grand jury, a law enforcement agency, or another prosecutor when they need their assistance with the case.

The code also says when a prosecutor does share such information, she should also admonish the recipients that they must keep it secret. It is not required, but if you are sharing grand jury transcripts or other information obtained via the grand jury process with other another law enforcement agency, it may be advisable to obtain a court order allowing the release.

• When you release the information, have the recipient sign an acknowledgement that she has been admonished to keep the information secret.
• Wrapping upOf course there is much more to the grand jury process than I can put in an article, but I hope this information gives readers a place to start.
• Look closely at Chapters 19 and 20 to find answers to any other questions.

If not, I’m happy to help, and maybe we can figure it out together. Endnotes 1 Tex. Code Crim. Proc. art.19.34.2 Tex. Code Crim. Proc. art.20.012.3 Tex. Code Crim. Proc. art.20.02(d)(e).4 Mason v. State, 322 S.W.3d 251 (Tex. Crim. App.2010).5 Ray v. State, 561 S.W.2d 480 (Tex.

How long does indictment last in Texas?

How Long Does It Take to Get Indicted in Texas? – People facing felony charges in Texas may wonder, “How long does an indictment take?” Each case is unique, which means the time it takes to indict a person accused of a felony may vary from one case to another. For crimes not explicitly listed in Texas Code of Criminal Procedure § 12.01, a general statute of limitations applies to the indictment:

Three years for felonies; and Two years for misdemeanors.

With the vast majority of federal crimes, the grand jury has five years to indict the accused. However, if the defendant is arrested and free on bond, the prosecutor has up to 180 days to secure an indictment.

How many people are on a grand jury in New York?

Grand juries play a central role in the American justice system. They are tasked with listening to evidence presented by prosecutors and witnesses and then deciding, by a secret vote, whether there’s enough evidence to charge a person with a felony, which is any criminal offense punishable by at least one year in prison.

• Grand juries are required in federal felony prosecutions, and many U.S.
• States have adopted a similar system.
• However, in some states, prosecutors can also present their evidence to a judge, who then decides whether someone can be charged with a crime.
• Federal grand juries are made up of 16 to 23 members.

At least 12 jurors must agree before an indictment — a formal charge — can be brought against someone. Grand jurors are selected from the same pool of ordinary citizens who serve as trial jurors. They are identified from public records such as driver’s licenses and voting registries.

• Grand jurors serve from 18 to 36 months, usually meeting a few times a month, and have the power to question witnesses and issue subpoenas.
• The grand jury system is important in terms of deciding who’s going to face criminal charges, but it’s also important for involving citizens in the criminal justice system,” said Peter Joy, a law professor at Washington University in St.

Louis. “The origins of the grand jury system are based on, in a sense, a certain degree of trying to keep the government honest.” Grand juries were originally conceived as a safeguard against government power, which is why the Founding Fathers wrote them into the U.S.

Constitution. But former federal prosecutor Bruce Green isn’t convinced the so-called “people’s panel” fulfills that function in a meaningful way. “If the original idea of the Founding Fathers was, as I believe it was, to be a restraint on government power it’s probably not a very effective tool to protect people from prosecution overreaching,” Green said.

“And there’s a pretty significant risk that if the prosecutor gets it in their head that somebody’s guilty, they can achieve an indictment whether the person is guilty or not.” Grand juries rarely decline to indict. In 2010, government statistics showed that federal grand juries brought charges more than 99% of the time.

High stakes While the grand jury might be a rubber stamp in most cases, the panel is more likely to play a meaningful role in cases that draw widespread public attention, Joy said. “I think it’s very likely that prosecutors in presenting the evidence to the grand jury most likely tried to present more evidence than they might in a typical type of case and presented in a way that would be balanced,” he said.

Some states require prosecutors to show evidence that the accused might be innocent. However, federal prosecutors are not required to do so. “The higher the profile the accused has, the greater the likelihood is that the prosecutor really wants to feel that he or she has a solid case, and they’re going to want to test out the evidence in a way that would give them increasing confidence in the case that they have,” Joy said.

Can you go to jail for missing jury duty in NYC?

What happens if a juror does not report for jury service? Jury duty, like paying taxes, is mandatory. Skipping jury duty can result in civil or criminal penalties. In addition, anyone who skips jury service will be assigned a new date for future jury service.

What is the 45 day indictment rule in NY?

Preliminary Hearing – Sometimes, after the arraignment, the Judge holds a preliminary hearing. At a preliminary hearing, you and the prosecutor both present your case to the Judge with witnesses and evidence. The Judge will decide if there is enough evidence that you committed a crime to continue the case against you.

• If the Judge decides that there is enough evidence, the prosecutor has 45 more days to take the case to the grand jury.
• If the prosecutor does not present evidence that you committed any crime, the court must release you from custody.
• If the hearing shows that you committed a crime other than the felony charged, the court may reduce the charges against you.

Most cases in New York City skip this hearing and the prosecutor takes the case straight to a grand jury.

How long can a felony case stay open in New York?

Statute of Limitations for Crimes in New York » » Statute of Limitations In New York, for most criminal offenses, the statute of limitations are listed in section 30.10 of Criminal Procedure (“Crim. Proc.”) portion of the New York Code. Some offenses such as rape and murder have no statute or limitations.

Most felony offenses have a five year statute of limitations period. Misdemeanor offenses have a two year statute of limitation period, while petty offenses generally have a one year statute of limitations. The statute of limitations generally forbid the prosecution from charging a person with a crime when the criminal prosecution is not commenced within a certain period of time.

The purpose of the statute of limitation is to make sure that convictions are based on reliable evidence. Over time, memories tend to fade and important evidence can be lost which would prove a great prejudice to the person accused and likely result in a wrongful conviction.

New York’s Criminal Procedure Law (CPL) § 30.10 was last amended on April 30, 2014. CPL § 30.10 sets for specific time periods for the timeliness of prosecutions and periods during which those prosecutors are generally limited. Contact an experienced criminal defense attorney at Law Office of Stephanie Selloni to discuss how the apply to the unique facts of your case.

We work with clients to assert all defenses in their case including the right to a speedy trial and the statute of limitations when applicable.

How much does a criminal judge get paid in NYC?

Click a question, or press the enter key on a question, to reveal its answer. Who serves on the Mayor’s Advisory Committee on the Judiciary? There are nineteen members who serve on the Committee pursuant to Executive Order No.14 of 2022. How does the Committee function? The Committee takes steps to recruit and encourage highly qualified persons to serve as a judge of the Criminal, Family, or on an interim basis, the Civil Court.

The Committee engages in outreach efforts to ensure a diverse and broad pool of individuals with the highest qualifications for judicial office, including outreach to various bar associations. The Committee’s additional functions are described in Executive Order No.14, and are further discussed here in subsequent sections.

What are the eligibility requirements for appointment by the Mayor to serve as a judge of the Criminal, Family, or on an interim basis, the Civil Court? In order to be eligible to be appointed as a judge, you must be admitted to the practice of law in the State of New York for at least 10 years and must be in good standing.

1. In addition, you must be a current resident, or be willing to move to New York City in the event of your appointment.
2. How do I apply? (a) Complete the Committee’s Uniform Judicial Questionnaire (“UJQ”).
3. Make sure to download the most recent version of the UJQ from the city’s website at www.nyc.gov/judiciary as a fillable PDF.

Please follow the instructions carefully and answer each question accurately and thoroughly. If your answer exceeds the space provided, attach your answer as a clearly numbered and labeled addendum. Save or ‘print as PDF’ your completed UJQ making sure that the last page is signed and dated and send with clearly labeled attachments to [email protected],

Please make sure to retain a complete copy for your records. (b) Before returning the questionnaire, email the Committee office for confidential information waivers. Forward the completed UJQ, together with the executed waivers and a clear, recent photograph to the Committee office (preferably in,jpeg format).

What is the purpose of the confidential information waivers? In order to be considered for a judicial appointment, you must complete and return a complete set of waivers necessary to process your application. These include federal and New York State tax releases, general release for the New York City Department of Investigation, Fair Credit Report, release for information from schools and employers, as well as investigative agencies.

• Is there a deadline or timetable for submission of my application? Judicial vacancies arise throughout the year and applications are accepted on a continuing basis by the Committee.
• Applications should be complete upon submission.
• Why is the Civil Court appointment on an interim basis? Ordinarily, New York City Civil Court judges are elected to the bench.

A vacancy typically arises when a Civil Court judge is subsequently elected to the Supreme Court. If a vacancy should arise, the Mayor has the authority to appoint an interim Civil Court judge to fill the vacancy until the end of the year. Since the number of Civil Court vacancies varies from year to year, the Committee cannot assure candidates that a vacancy will be available for reappointment the following year.

Are interim Civil Court judges assigned to the Civil Court? Not necessarily. In most cases, judges appointed on an interim Civil Court line have been appointed to either the Criminal Court or Family Court according to the needs of the court system. Applicants should always specify the court for which they have both special interest and aptitude based on experience and training.

Are the numerous applications received preliminarily screened? Yes. After filing a UJQ, you will receive an acknowledgment letter. Your application will then be preliminarily screened and a determination will be made as to whether your application will be processed further.

In the first instance, a determination is made whether there exists on the face of the application any matter that may be objectively disqualifying, such as the failure to attain the requisite years of admission to practice or the failure to meet other technical requirements. Next, applications are reviewed in comparison with the total applicant pool in order to assess whether an application on its face is competitive with the strongest pending applications for appointment to the New York City courts.

Factors taken into consideration at this stage include, but are not limited to, length and quality of practice experience, evidence of scholarship in the subject matter areas relevant to the particular courts for which appointment is sought and any relevant quasi-judicial experience.

If as a result of this initial review it is determined that your application is clearly not competitive with the strongest candidates for appointment, you will be notified of that decision in writing. What are some other examples of issues that may serve as an impediment to the further processing of my application? Lack of practical, litigation, and courtroom experience in the specific court(s) to which you seek appointment; letters of caution issued against you by the attorney grievance committees; the number and type of complaints filed against you including malpractice claims; termination or disciplinary action taken by prior or current employers; if you were the subject of any governmental agency investigation (other than routine background checks), including the FBI; unexplained brushes with the criminal justice system; failure to timely file your taxes; judgments entered against you; pending litigation; extensive movement between jobs and short periods of employment; and lack of demonstrated writing ability.

Does anyone verify the information provided in the UJQ? Yes. If it is determined that your application will be processed for further consideration, the information you provided will be verified. All schools listed in the UJQ are contacted to verify degrees conferred and graduation.

1. Current and former employers are contacted to verify employment history.
2. Inquiries are made of grievance committees, bar associations, investigative agencies or other bodies as necessary to verify information provided in the UJQ.
3. A false statement in response to any question in the application will result in automatic disqualification from consideration for judicial appointment.

What happens to the applications that pass this preliminary screening? As judicial vacancies arise or as vacancies are anticipated, applications are selected from the total pool of applications for further review by a subcommittee of the Mayor’s Committee on the Judiciary.

Individuals familiar with the performance of applicants in law practice or on the bench are interviewed. Ultimately, the subcommittee interviews the applicant and makes a recommendation as to whether the applicant should be referred to the full Committee for further consideration. Will every applicant for appointment eventually be interviewed by a subcommittee of the Mayor’s Committee? No.

Because of the volume of applications and the limited number of vacancies, the process remains continuously competitive. Your selection for interview will always depend on the comparative quality of the applicant pool at the time that vacancies arise.

What can I do to enhance the chances that my application will be selected for consideration by a subcommittee? References from practitioners, judges or agencies familiar with your work over your ten or more years of practice is by far the most important distinguishing factor among the numerous applications of appointment received by the Mayor’s Committee.

References from persons not familiar with your professional performance are not helpful, no matter their status on the bench, the bar or in government. What happens when my candidacy is forwarded to a subcommittee? The subcommittee contacts individual and institutional references to gain a complete and accurate assessment of the candidate’s professional reputation, performance, and aptitude for judicial responsibility, including, but not limited to the length and quality of practice experience, knowledge of the law, written and oral communication skills, character, integrity, industry and temperament.

Thereafter, the candidate is interviewed by the subcommittee and examined concerning his or her qualifications for judicial appointment. During this interview, the candidate has the opportunity to address issues raised by the subcommittee’s reference checking process. Are applicants subject to a background investigation? Yes.

All candidates forwarded to a subcommittee for evaluation are required to complete a New York City Department of Investigation (“DOI”) questionnaire and submit to a background investigation which includes a criminal history check and verification of tax filing dates.

Any false statement or intentional omission discovered in the course of the DOI background investigation will result in disqualification. What happens after my subcommittee interview? After your interview with a subcommittee, you will be notified as to whether your candidacy is being referred to the full Committee for further consideration.

What happens when my candidacy is forwarded to the full Committee? The subcommittee responsible for vetting a candidate will prepare a report for consideration by the full Committee. In addition, the full Committee will have access to the UJQ and all materials collected in connection with the application for judicial appointment, including all letters providing information concerning the applicant, written opinions or other writing samples, transcripts of court proceedings, results of grievance proceedings or complaints and any other relevant information.

The candidate is then interviewed by the full Committee. The full Committee will first determine whether a candidate is highly-qualified for appointment to a specific court(s). Among the candidates found highly-qualified, the Committee must nominate three candidates for each vacancy. Each candidate is notified of the decision of the full Committee.

What happens if I am recommended to the Mayor for appointment to a New York City court? The Committee’s report to the Mayor for each candidate recommended for appointment is reviewed by the Mayor’s Executive Committee, comprised of senior executive staff.

1. The candidate is interviewed to ensure that all information necessary for the Mayor to make an informed choice has been provided.
2. Upon the Mayor’s review, the Mayor selects one nominee for appointment to the available vacancy.
3. What happens if I am selected by the Mayor for appointment? You will be notified whether you have been selected by the Mayor for judicial appointment.

If you have been selected, your candidacy will be forwarded to the Judiciary Committee of the New York City Bar for approval which involves a similar screening process. What happens after my interview with the New York City Bar’s Judiciary Committee? If you are approved for a specific court, the Mayor’s Advisory Committee on the Judiciary conducts a public hearing.

Members of the public may present information concerning the fitness of each nominee for judicial office. Notice of the hearing is published in the New York Law Journal and on the Committee’s website. How long does the selection process take? The judicial selection process is extensive and challenging.

Although the time involved can vary depending on available vacancies, the complete process could take up to 8 months from initial evaluation to judicial appointment. Will I be kept apprised of the status of my application? Every effort is made to keep you apprised as to the status of your application.

Applicants that are deemed clearly not to be competitive with the most highly qualified in the pool are notified of that determination as soon as practicable. Those applicants who are forwarded to a subcommittee for further consideration are promptly notified as well. Those applicants deemed qualified but who have not yet been selected for consideration for a judicial vacancy may remain pending for a time without any notification as to status.

Applicants are encouraged to contact the office of the Mayor’s Committee after a reasonable period of time to inquire concerning the status of their application and to express continued interest in being considered for a judicial appointment. Will my application be kept on file for future consideration? If you are not contacted by the Committee for further consideration within the one-year period but remain interested in a judicial appointment, you must affirmatively inform the Committee of such interest in writing.

1. Please be sure to include any updated information you wish to make to your application.
2. If I am not selected for judicial appointment, will I be advised as to the reason why? Because of the necessary assurances of confidentiality that must be provided to insure that information received is candid and uninhibited, candidates are not informed as to the specific reasons why the Committee has chosen not to recommend his or her appointment.

What is the salary for a New York City Judge? The salary of a New York City Criminal Court and Civil Court judge is $193,500. The salary of a Family Court judge is $208,000. If I am appointed as a judge of a New York City court, to which borough will I be assigned? Court assignments are determined by the Office of Court Administration.

1. What are some helpful tips for completing the application? It is important that you thoroughly and accurately answer each question and provide as much detailed information as possible to describe your experience and background.
2. Question 32 provides the best opportunity to describe how your career has prepared you for a judgeship.

Please be sure that all questions on your UJQ are answered, and that all supplemental material and addenda are attached. Be sure to:

On the cover page, date your UJQ and indicate the court(s) to which you are applying; Provide the correct dates of school attendance, including degrees received; For all periods of employment, be sure to include the complete name and contact information (email preferred) of the firm/employer, the name of former/current supervisor(s), precise dates of employment and supervision (in the case of changing supervisors), position held, a brief explanation of your duties/responsibilities, and the reason for leaving, if applicable; Be sure to provide all necessary documentation, where appropriate (i.e., Question 16, 17, 21, 22, etc.); Thoroughly answer questions 32-40, providing as much detail as possible, including the current contact information (email addresses) for those individuals listed; Sign and date the last page of your UJQ.

What is the 45 day indictment rule in NY?

Preliminary Hearing – Sometimes, after the arraignment, the Judge holds a preliminary hearing. At a preliminary hearing, you and the prosecutor both present your case to the Judge with witnesses and evidence. The Judge will decide if there is enough evidence that you committed a crime to continue the case against you.

If the Judge decides that there is enough evidence, the prosecutor has 45 more days to take the case to the grand jury. If the prosecutor does not present evidence that you committed any crime, the court must release you from custody. If the hearing shows that you committed a crime other than the felony charged, the court may reduce the charges against you.

Most cases in New York City skip this hearing and the prosecutor takes the case straight to a grand jury.

What is a sealed indictment in NY?

Former President Donald Trump was indicted Thursday by a grand jury in New York, setting into motion a legal process that will grab the attention of people around the world. >> Read more trending news Trump is expected to appear in New York on Tuesday to surrender and be formally arrested and booked on what has been said to be more than 30 felony counts. Here is what we know about the legal steps to be taken as Trump prepares to return to New York. What is an indictment? An indictment is a formal notice that law enforcement authorities believe a person has committed a crime. The indictment contains basic information about the charges against them. What is a “sealed” indictment? A sealed indictment means the grand jury process is conducted in secret and the criminal charges have not been made public. Eventually, the criminal indictment will be unsealed and at that point, a warrant for the defendant’s arrest is issued. What is a “speaking” indictment? Sometimes prosecutors file a simple charging document that doesn’t reveal much information about the case. However, sometimes prosecutors will lay out the case in detail in an indictment. When they do that, it is known as a speaking indictment. What is an arraignment? An arraignment is a hearing in front of a judge. Typically, a judge will read the criminal charges against the person who has been indicted and ask them whether they understand what they are being charged with. The person is then asked if they have an attorney or if they need the court to appoint one for them. The person will then be asked how they plead to the charges — guilty, not guilty or no contest. If a person pleads no contest, that means that the person is not agreeing that they committed a crime, but they are willing to accept a conviction. The judge will then make a decision on bail or the process that allows a person to be free until their trial. The person may be released on their own recognizance — meaning it is up to them to return to court on the day they are told to — or they may have to post a certain amount of money against the promise to return to court on the appointed day. The judge will then set court dates for procedures such as a preliminary hearing — where a judge determines whether there is enough evidence to force the defendant to stand trial — in addition to pre-trial motions, and, eventually, the trial. When would a trial be held? It could take up to a year to go to trial if a trial is held in this case. If that happens, that means the trial would be taking place as the 2024 presidential election campaign is in full swing with primary voting taking place. Trump has said he will fight the charges. His attorneys will ask the judge to dismiss the case. In addition, a person charged with a crime is entitled to see the evidence prosecutors have gathered in their investigation. That information will include the minutes taken during the grand jury process.

How does the grand jury work in New York State?

The grand jury decides whether or not a person should be formally charged with a crime or other offense. The grand jury makes that decision based on evidence presented to it by the prosecutor, who also instructs the grand jury on the law. The grand jury’s decision must be based on the evidence and on the law.

What is a felony charge in NY?

How Much Jail Time for a Felony Conviction in NY? – New York State defines a felony as an offense for which a sentence to a term of imprisonment in excess of one year may be imposed. Jail sentences for a misdemeanor, violations or infraction are shorter.

However, multiple convictions can extend jail time. Drug Felonies have their own sentencing guidelines. A criminal defense attorney will work to dismiss charges, plea to a lesser charge, reduce to a misdemeanor, or if faced with conviction, work to minimize imprisonment and/or fines. Of course, there is no guaranteed outcome, regardless of what any lawyer tells you.

You are fighting for your life and freedom, literally. So, it is wise to hire the best criminal defense attorney you can afford.