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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.
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
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Legal Handbooks Division
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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
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
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 the first place.
Just because your lawyer isn’t in touch with you all
the time,
that doesn’t mean that she or he isn’t working on your case.
There will
be times when your lawyer may have to give priority
to someone else’s case. This is most
likely to happen when your
attorney’s doing a trial. Trial is the most important and
difficult
part of a case. It demands the most attention and concentration.
Don’t
feel slighted if your lawyer can’t appear on your case
when he or she’s on trial with another
defendant. It doesn’t mean
your case isn’t important, just that at this time, another
client’s
case has priority.
You’ll appreciate this when your case goes to trial.
You
wouldn’t want your lawyer distracted by less pressing matters when
you face your
moment of truth.
LAWYERS’ FEES
Lawyers’ fees vary depending on the amount
of experience hey
have and the nature of the case. It’s better to have a clear under-
standing about the fee before any work is done, so your lawyer can
concentrate on your case
and not your bill.
6
Your lawyer’s fee will usually not include any other
expenses.
You’ll probably have to pay additional money fora private investi-
gator,
expert witnesses (if necessary), transcripts, etc. Appeals
and civil work are also usually
extra.
Criminal lawyers usually require most or all of their fee up
front. This
should all be clearly spelled out in the retainer
agreement you sign when you retain the
lawyer.
Ironically, innocent people often have to pay higher fees.Be-
cause
they’re less likely to plead guilty, their cases usually
require more work to prepare for and
take through trial.
You shouldn’t be looking for bargains when your freedom and
reputation are at stake.
BEFORE YOU’RE ARRESTED
The sooner you get a
lawyer involved in your case, the better.
There are important decisions to be made and rights
to be pro-
tected, early in a case. If you’re accused of drunk driving, you
should
contact a lawyer before you submit to a breathalyzer test.
If you find out the police
are looking for you, it’s best to
call a lawyer before responding to them. If you can’t afford
a
private lawyer, call the Legal Aid Society.
The police are interested in making
out a case against someone
they suspect committed a crime. They’re not your friends, unless
want you to talk to them
and you may find yourself under arrest
based on your own statements to them.
DON’T CONFESS
The police are very good at getting confessions. That’s the
easiest
way for them to wrap up a case.
Even if they use deceptive methods to get a confession,
like
telling you things will go easier, or that a co-defendant has
implicated you, this
may be considered good police work, and a
judge may allow the D.A. use your statement against
you.
If you have a lawyer before you get arrested, she or he can
find out if the
police want to question you as a witness or a
suspect.
7
If you’re a
suspect, your lawyer can tell the police that s/he
doesn’t want you questioned. If they
question you after that, they
won’t be able to use your statements against you, unless they
can
prove that you blurted out a confession without being asked any
questions.
questions or make any
statements about your case to the police or
the D.A. Don’t allow yourself to be videotaped.
Whether they read
you your rights or not, tell them you want to speak to a lawyer.
Don’t
think you can outsmart the police.
Your silence can’t be used against you, but it’s
very hard to
defend you if you’ve made a confession (or admission). Even telling
the
police that you were at the scene of the crime but didn’t do
anything is an admission to an
element of the crime.
If you’re in jail, be careful what you say about your case to
his/her own problem by
becoming a witness against you.
SOME OTHER DON’TS
Don’t consent to a
search of your person, home, or car.
Don’t consent to be in a line-up or show-up.
This doesn’t mean you should physically resist, just that you
should object and tell
the police you want a lawyer.
Don’t resist arrest or become verbally abusive to the
police
or you might find yourself charged with additional crimes and
possibly injured in
the arrest process.
LINE-UPS
If the police intend to put you in a line-up,
ask to have a
lawyer there. Your lawyer can determine if they have the right to
do so,
and if they don’t, s/he can protect you.
If they do have the right to put you in the
line-up, your
attorney can monitor the procedure to make sure it’s done fairly.
If the persons placed in the line-up with you don’t resemble
you, then your attorney can ask
the police to find better fillers.
If they won’t find better fillers, s/he can make notes of
the
differences in appearance between you and the fillers in order to
help you later
when the D.A. tries to use the line-up identifica-
tion against you.
8
the line-up that doesn’t
clearly show the differences between you
and the fillers.
If you didn’t have a
lawyer at the line-up, this photo and the
police testimony will often be the only evidence a
judge will have,
to determine if the line-up was fair.
Your lawyer can help you
decide the best place to sit and
number to hold to minimize the chance of being picked out.
Your attorney can make sure the police don’t do anything
improper, like suggesting
in some way that the witness pick you
out.
Having a lawyer at this early stage
can be very helpful. If
you’re not picked out of the line-up in the first place, your case
deal of hassle and
money.
Identification cases are the most difficult to defend. Even
though
identification testimony is the least accurate, it’s the
most believed by jurors.
SURRENDER
If you’re a suspect in a crime, your lawyer can arrange for
you to
surrender.
The reason it’s good to surrender (if the police intend to
arrest
you), is that it will show the court that you’re a responsi-
ble person, worthy of being
"released on your own recognizance"
(R.O.R.’d), or of having low bail set when you
first appear before
a judge for arraignment. It may also be helpful at plea or trial to
show your cooperation.
The purpose of setting bail is to make sure you return to
court. By surrendering in the first place, you show that you’re
likely to return to court
without having high bail set.
Your lawyer can tell the judge that you knew the police
were
looking for you, had the chance to run, but didn’t. Surrendering
won’t guarantee
low bail, but it gives you a better shot.
THINGS YOUR LAWYER MAY NEED TO KNOW
Below is a list of some
information s/he may need from you:
9
1) Whether you have any witnesses.
These include alibi
witnesses; character witnesses & eyewitnesses.
2) The
names, addresses and phone numbers of your witnesses,
so your lawyer can get their statements
and advise them
of the disadvantage to you if they speak the D.A.
3) Where and
when you were arrested and the circumstances
surrounding your arrest.
4) Whether
you were shown to any witnesses by the police and
the specifics of that identification
procedure.
5) Whether the police found anything on you relating to the
crime.
6) Whether the police had an arrest warrant or a search
warrant.
7)
Whether you made any statements to the police or the D.A.
If so - Were you read your rights?
Was any force used
against you? Do you have any injuries?
Whether you know the
witnesses against you and if they
have any motive to lie.
9) Whether you’re on
probation or parole.
10) Whether you have any problems that may affect your case,
like mental or physical problems, or problems with drugs
or alcohol. Sometimes these problems
may help your de-
fense.
11) Your immigration status. If you’re not a citizen,
a
criminal conviction may create problems for you with
immigration.
THE
ARREST
A police officer can arrest you, without a warrant, if that
officer sees
you committing a felony, misdemeanor or violation. The
officer can arrest you for a felony or
misdemeanor (even without a
warrant), if he or she has "probable cause" to believe
you com-
mitted a crime.
All it takes is one person making a criminal complaint
against
you, without any corroboration, to give the police "probable cause"
to
arrest you. They’ll arrest you even if you tell them you’re
innocent. They hear that from
almost every defendant, even the
guilty ones, so they leave it for the courts to decide.
People find it hard to believe that they can be arrested based
on one person’s
accusation, but that’s the law.
10
The police should have a warrant if
they’re arresting you at
home, but there are exceptions to every rule.
BOOKING
When you’re arrested, you’ll be processed by the police (book-
ed) before being
brought to court for arraignment.
The amount of time between arrest and arraignment
varies from
state to state and county/borough to county/borough.
After some
preliminaries in the precinct, which usually in-
clude being searched, fingerprinted,
photographed, and in certain
cases an identification procedure (line-up or show-up), you’ll
be
taken to Central Booking in the borough of arrest, to be processed
further.
gerprints have to be sent to
the state capital to get your criminal
record and check if you have any open warrants.
Sometimes the computers aren’t working and this delays getting
your criminal record. If
it’s your first arrest, the process often
takes longer. If you refuse to be fingerprinted, you
can be held
until you agree.
C.J.A. INTERVIEW
After you’re booked,
you’ll be interviewed by the N.Y.C.
Criminal Justice Agency (C.J.A.), about your residence,
employment,
criminal record, etc. (not about the facts of your case).
It’s
important to answer their questions accurately. They will
contact a friend or family member
(depending on the name you give
them as a contact person) to verify your information.
If you give them incorrect information, it may hurt your
chance of getting low bail,
because they’ll note the fact that your
information was inconsistent with the verifier’s, and
it will look
like you’re trying to hide something from the court.
They use the
information to prepare a recommendation as to
bail (often called an R.O.R. sheet), to help the
judge in arraign-
ments decide the question of bail or R.O.R.
11
WHAT ELSE HAPPENS BEFORE ARRAIGNMENT
While you’re being booked and interviewed by
C.J.A., the
D.A.’s office will be drawing up a formal complaint against you.
This is
usually done by their Early Case Assessment Bureau
(E.C.A.B.). They interview the arresting
officer and/or the wit-
nesses/victims and decide what you’ll be charged with.
All of the above has to be done before you can be brought to
court for arraignment.
may be backed up if a lot of
people have been arrested before you
who are also waiting for arraignment. It’s not uncommon
for the
delay to be more than 24 hours.
If it appears to Central Booking that you
won’t be arraigned
the day you’re booked, you’ll be taken to a precinct to be lodged
for
the night. People often get very upset at this delay but there
is really nothing you can do
about it.
Your lawyer can find out where you are in the system and let
your
family know approximately when you’ll be arraigned. In certain
areas, private lawyers are
given preference once you’re produced in
court, and this can speed things up a little.
CRIMINAL COURT ARRAIGNMENT
At the arraignment, your lawyer will interview you,
tell you
what you’re being charged with, advise you of your rights and make
an
application for low bail or R.O.R.
If you can’t afford a private lawyer, there will be
a Legal
Aid lawyer assigned to your case at the arraignment.
Your lawyer will
often "waive formal arraignment", so the
charges against you won’t be read aloud in
open court.
Your attorney and the D.A. may have a conference at the bench
with
the judge. There will be a discussion about your case. Your
lawyer can get some valuable
information from the D.A. at this
"bench conference". There may also be some
discussion about a plea-
bargain at this point.
Certain cases are disposed of at
the arraignment. Your lawyer
will discuss the offer with you and advise you if s/he thinks
it
would be a good idea to accept it. Sometimes felony charges are
reduced to
misdemeanors at the arraignment.
12
If the charges are serious felonies,
it’s unlikely they’ll be
disposed of at the arraignment. The D.A. will probably give notice
Your lawyer may give
reciprocal notice that you wish to testify in
the Grand Jury in your own behalf. The Grand
Jury will be discussed
more fully later in this guide.
The witnesses against you
do not have to come to the arraign-
ment or appear in court unless they’re required to testify
(in the
Grand Jury, at a hearing or at trial).
BAIL
The judge at the
arraignment is the one who decides about your
bail. You may be R.O.R.’d (released on your own
recognizance), have
bail set, or be remanded without bail. Being remanded without bail
is likely if you’re charged with murder or if you’re charged with a
serious felony and have
another felony case pending.
It helps to have as many friends and family members as
possi-
ble at the arraignment. The bail may be lower if your lawyer can
show the judge
you have strong community ties, as evidenced by all
the people who came to court for you.
Have your people bring money with them for bail. Your lawyer
can often estimate the
amount of bail the judge might set. This
will depend on the nature of the case, your criminal
record, your
community ties and which judge is sitting in arraignments.
If your
people have money with them at the arraignment and the
judge intends to set bail that’s a
little more than they have your
lawyer can tell the judge the amount of money your people have
with
them, and the judge might set the bail at that amount, so you can
be bailed out
from court.
It saves a lot of hassle if you’re bailed out from court. Once
you’re
removed from the court building, bail has to be put up at
the jail you’re in or at certain
other locations in the city. Your
lawyer can advise you about that.
Bail can be
posted by a bail bond or in cash. When bail is
set, there’s usually a bond amount set and a
cash alternative.
To get a bail bond, your people have to see a bail bondsman.
He
will require some cash (at least 10% of the bond) and collateral
for the rest (a house, bank
book or the like).
The first bail that’s set is often the most important. It’s
hard to get a bail reduction unless your lawyer can show there’s
been some change in
circumstances since the first bail was set.
13
ASSIGNED COUNSEL
lawyer, and are assigned a
Legal Aid lawyer or a lawyer from the
18-B panel. In other states it is the Public
Defender.
There are times I’ve asked someone who calls if they have a
lawyer
already, and he or she says: "No, I have a legal aid". It’s
unfortunate that
defendants have that opinion of Legal Aid.
Lawyers who work for the Legal Aid Society
are competent,
well-trained, dedicated lawyers. The Legal Aid Society has excel-
lent
support staff, including investigators, social workers, fund-
ing for expert witnesses,
etc.
An 18-B lawyer is a private lawyer who accepts assignments of
criminal cases
from the court and is paid by the state to represent
indigent defendants (those defendants
with no money). There are
several reasons why you may be assigned an 18-B lawyer, instead
of
Legal Aid.
If two or more people are accused of committing a crime to-
gether, the Legal Aid Society is only allowed to represent one of
them. The Legal Aid Society
is like one big law firm, and it’s
considered a conflict of interests to have the same law
firm repre-
sent co-defendants.
Legal Aid might not be able to represent you
because they
represent a witness against you who has a pending case. This would
also be
considered a conflict of interest.
If you’re accused of murder, and are indigent,
you’ll be
assigned a lawyer from the 18-B "homicide panel". The Legal Aid
Society usually does not handle murder cases.
There are different panels of 18-B
lawyers for different types
of cases. These lawyers have been screened to make sure they’re
to.
The
"misdemeanor panel" has lawyers qualified to handle misde-
meanor cases.
those on the
"misdemeanor panel".
The "homicide panel" has the most experienced
criminal law-
yers.
The "Family Court panel" is for criminal cases
involving
juveniles that will be handled in the Family Court.
There’s also an
"appeals panel" to handle your appeal, if
you’re indigent.
14
There are different categories of crimes. The more serious
crimes are
called felonies. The most serious felonies are "A"
felonies, the least serious are
"E" felonies. The designations vary
from state to state.
Certain
felonies carry mandatory jail sentences, if you plead
guilty or are found guilty after trial
(conviction). This means you
can’t get probation. These are usually cases involving the sale
of
drugs or the use of a gun or violence, such as "armed felony of-
fenses"
and "violent felony offenses" (A.F.O.’s and V.F.O.’s).
If you’re convicted of
a felony, you may also lose some of
your civil rights. In some cases your lawyer can get you a
Certifi-
cate of Relief from Civil Disabilities that may mitigate the effect
of a felony
conviction.
If you’re accused of a felony and have one or more prior
felony
convictions, jail sentences are mandatory and longer.
Generally, one prior felony
conviction makes you a "predicate
felon", more than one prior felony conviction
makes you a "persist-
ent felony offender".
If you’re on probation or
parole, a conviction after trial or
plea of guilty to a new crime (felony or misdemeanor) can
violate
your probation or parole (V.O.P.) and you’ll probably get extra
jail time.
MISDEMEANORS & VIOLATIONS
The less serious crimes are classified as
misdemeanors. Viola-
tion offenses are less serious than misdemeanors and aren’t consid-
ered crimes.
If you’re arrested for a misdemeanor, violation, or certain
low
grade felonies, the police can, under certain circumstances,
give you a "desk appearance
ticket" (D.A.T.), which is like a
summons. Instead of going through the booking process
and being
held in jail until you’re brought before a judge for arraignment,
you’re
released from custody and given a date to appear in court to
be arraigned.
Penalties for misdemeanors and violations are less serious
than those for felonies. You may
even be able to get an A.C.D.
(adjournment in contemplation of dismissal). This means your
case
is adjourned for six months (you don’t have to return to court),
and, if you don’t
get into trouble within the six months, it’s
dismissed and sealed, as if you were never
arrested. You’re more
likely to get an A.C.D. if it’s your first arrest.
15
YOUTHFUL OFFENDER
If you were under 19 when the crime you were arrested for
was
committed, and you’re convicted (plead guilty or are found guilty
after trial), the
judge might treat you as a "youthful offender"
(Y.O.) - the conviction is vacated
and the case sealed.
You’re entitled to "youthful offender" treatment on your
first
misdemeanor conviction. It’s discretionary for certain first time
felony
convictions.
"Youthful offender" doesn’t mean you won’t be punished for
the
crime (with jail time or probation), but the punishment is often
less severe and you
won’t have a criminal record. This is meant to
give a young person a chance to straighten out
without the stigma
of a criminal record.
If you received Y.O. on a prior felony
case, then it’s as if
you weren’t convicted of that felony and you won’t be considered a
"predicate felon" if you’re charged with another felony.
If you got Y.O. on a
prior case, it won’t save you from extra
jail time for violation of the probation or parole
from that case,
if you’re convicted of something else after that.
JUVENILE
OFFENDERS
There are certain crimes where juveniles are treated as adults
in the
Supreme Court and others that are dealt with in the Family
Court. Certain procedures are
different for juveniles. This guide
won’t discuss the distinctions.
CIVIL
FORFEITURES
Generally speaking, the D.A.’s office can seek forfeiture of
the
instrumentality or proceeds of certain crimes.
The D.A.’s office can even attach this
property before you’re
convicted, if they can show there’s a likelihood you’ll be con-
victed. This is a relatively new law. Your lawyer will explain it
to you, if it applies to
your case.
16
WHAT CAN HAPPEN TO YOUR CASE
Almost all
criminal cases (felonies, misdemeanors and viola-
tions) start in the Criminal Court. In some
states this is termed
the Municipal Court.
Cases that start as felonies and are
reduced to misdemeanors
by the D.A., and cases that start as misdemeanors or violations,
stay in the Criminal Court until they’re finished.
Cases that are going to remain
felonies must be transferred to
the Supreme Court. In other states this is called Superior
Court
and in those states with a Superior Court system, the Supreme Court
is above the
Superior Court. To get your case transferreed from the
Criminal Court to the Supreme Court,
the D.A. must present his/her
evidence to a Grand Jury and get an indictment. This will be
ex-
plained more fully later.
There are only three things that can happen to a
criminal
case: it can be dismissed or A.C.D.’d by the D.A. or a judge (very
rare); you
can plead guilty; or the case can go to trial (where
you’re either acquitted or convicted).
If you get a dismissal, an A.C.D., an acquittal after trial,
or plead guilty to a
violation, your case can be sealed and your
fingerprints and arrest photos may be returned to
your lawyer.
Unfortunately these will just be souvenirs because the police
usually keep a copy of your photo for their mug files and your
fingerprints are kept in the
criminal justice computers. Potential
employers and the like won’t have access to your
fingerprint record
or any information about your case, but if you’re rearrested, it
will
show up.
WHAT HAPPENS AFTER CRIMINAL COURT ARRAIGNMENT
If bail is set that
you can’t make, your case will usually be
adjourned to six days from the date of your
arrest.
Basically, the law says that if you’re in jail, the D.A. has
six days (on
a felony charge) from the date of arrest to have
witnesses give sworn testimony supporting the
charges against you
or you’re entitled to be released from jail.
This can be done
by bringing the witnesses to court for a
preliminary hearing or having them testify before a
Grand Jury.
It’s very rare to have a preliminary hearing in New York City,
because at a preliminary hearing the defense lawyer gets a chance
to cross-examine the
witnesses. District Attorneys would rather not
expose their witnesses to cross-examination at
this early stage,
and they avoid doing this by going to the Grand Jury instead. The
Grand Jury proceedings are secret and defense lawyers are only
entitled to be present when and
if their own client testifies.
17
On the adjourn date, if the D.A. has not
complied with the
law, you should be R.O.R.’d. But if the D.A. can show a good reason
for not getting an indictment or providing a preliminary hearing
within the six days, then the
D.A. can get an extension.
GRAND JURY
A Grand Jury is comprised of 16-23
people. They listen to
evidence presented by the D.A. and decide if there’s enough evi-
dence against a defendant for him/her to face felony charges. It
takes 12 grand jurors to vote
an "indictment".
A Grand Jury also has the power to return a case to the
Crimi-
nal Court as a misdemeanor if it thinks there isn’t enough evidence
for felony
charges, but there is enough for misdemeanor charges.
This would be called a
"prosecutor’s information".
The Grand Jury is an "arm" of the
D.A.’s office, and the
proceedings are secret in order to protect the witnesses.
It’s not hard for a D.A. to get an indictment because the
Grand Jury usually only hears the
D.A.’s evidence. There’s no
defense lawyer to cross-examine the witnesses and they usually
If you’ve been arrested, your lawyer will be notified
if the
D.A. intends to present your case to a Grand Jury.
In certain cases your
lawyer might advise you to testify
before the Grand Jury and/or present witnesses. To do that,
your
defense lawyer must notify the D.A. before the Grand Jury presenta-
tion is
completed.
If you testify in the Grand Jury, your lawyer can be there
with you,
but can’t ask questions or make objections.
If things go well, the Grand Jury may fail
to vote an indict-
ment (No True Bill), and your case will be over, saving you a lot
of
hassle and money. This is another reason to get a lawyer working
on your case early on.
Most cases that are presented to a Grand Jury are presented
within six days of arrest,
to prevent the defendant’s R.O.R.
INDICTMENT
An indictment is merely a
formal accusation listing the felony
charges against you in the Supreme Court. It’s not
evidence of
guilt.
18
If you’re indicted, your case will be
transferred to the
Supreme Court. If you’re out of jail, you and your lawyer will be
notified by mail when to come to the Supreme Court to be arraigned
on the indictment.
SILENT INDICTMENT
Occasionally cases are presented to a Grand Jury before
anyone
is arrested. If the Grand Jury indicts, this is called a "silent
indictment".
The same "silent indictment" procedure may be followed if
you
were arrested for a felony and had your case dismissed by a judge
in the Criminal
Court.
The D.A. still has the right to present felony charges to a
Grand Jury
within six months of your arrest. There’s no time limi-
tation if you’re accused of
homicide.
In "silent indictment" cases, you won’t be notified that your
case is being presented to a Grand Jury and may not have the chance
to testify or present
defense witnesses.
You’ll still be able to present your defense at trial.
If you’re indicted this way, an arrest warrant issues and
you’ll be arrested and brought to
Supreme Court for arraignment.
SUPREME COURT ARRAIGNMENT
The Supreme Court
arraignment is similar to the Criminal Court
arraignment on the initial complaint. You’re
advised of the charges
against you and there’s a decision on bail.
If you’re out
of jail and have been coming to court when you
were supposed to, and if you appear for
arraignment when notified,
the chances are that your bail status will remain the same.
If you’re in jail, you’ll be brought to Supreme Court for
arraignment and your lawyer
will be notified when to appear.
Your lawyer gets a copy of the indictment from the
D.A. in
court. Your attorney will waive the public reading of the charges
against you
and enter a plea of not guilty for you. Your lawyer may
also get a "voluntary disclosure
form" (V.D.F.), and police reports
at this time, from the D.A. The V.D.F. has information
your lawyer
needs to prepare your case.
19
COURT APPEARANCES
If you’re out of jail while your case is pending, you must
appear in court on every
adjourn date, unless your lawyer has
arranged for you to be excused.
Unless
you’re told otherwise, be there at 9:30 A.M. Keep track
of the courtroom you’re supposed to
appear in and the adjourn date.
This is your responsibility.
The only time you
should wait for a letter from the court,
before appearing, is if your felony case has been
transferred to
the Supreme Court and you’ve been told to wait for notification of
the
Supreme Court arraignment date. A case is transferred to the
Supreme Court after a Grand Jury
has voted an indictment.
If you get to court on time and don’t see your lawyer,
check
to see if your name’s on the court calendar to make sure you’re in
the right room
on the right date.
If it’s the right courtroom and date and your lawyer isn’t
there, it probably means he or she had to cover another case first.
Most lawyers have to give
priority to their clients who are in jail
and cover those cases first.
If you
leave the courtroom to call your lawyer, tell one of
the court officers so they won’t call
your case while you’re not
there and issue a bench warrant because you’re absent.
BENCH WARRANTS & BAIL FORFEITURES
If you’re late, or don’t show up, the judge may
issue a bench
warrant. You can be arrested on that warrant. If you’re out on
bail, your
bail money can be forfeited.
Bail jumping is also a separate crime you can be charged
with
if you’re out on a bench warrant more that 30 days. It’s very hard
to defend that
charge and sometimes gives the D.A. extra bargaining
power in dealing with your current
case.
A bench warrant will also stay on your record and come back to
haunt you
later, even if you clear it up. It will give a judge an
excuse to set higher bail on you in
the future.
If you can’t come to court because you’re sick, or because
you’ve
been rearrested, call your lawyer and let him/her know, or
have a family member call.
If you’re represented by an assigned lawyer (Legal Aid or 18-
B), that’s no excuse for
not calling to let him/her know why you
can’t make your court appearance.
20
You should have your lawyer’s card with his/her name and phone
number. It’s your
responsibility to let your defense attorney know
if there’s a good reason you can’t come to
court.
Don’t assume that if you’re rearrested, somehow the courtroom
where your
case is pending will know about it.
If you have a good excuse why you can’t come to
court, and
your lawyer knows about it before going to court, the attorney can
tell the
judge and ask the judge not to issue a bench warrant.
Otherwise, the judge will issue a
bench warrant and a bail
forfeiture. This is a hassle for you and for the person who put up
GETTING BACK BAIL MONEY
If you make all your court
appearances, the bail money should
be returned to the depositor several weeks after your case
is over,
whether you win or lose.
If the person who put up the bail (depositor)
has moved since
putting up the bail money, the depositor has to go to the Depart-
ment
of Finance, at 1 Centre Street in Manhattan, with proof of
identification and his/her bail
receipt, to get the bail check.
But if your bail was forfeited because you missed a
court date
it is difficult for the depositor to get it back. Even if you’re
represented
by an assigned lawyer, the person who put up your bail
(depositor or bail bondsman) may have
to pay a private lawyer to do
a "bail remission motion" to try to get back his/her
money.
The procedure varies from borough to borough, as does the
amount of the
cash bail, if any, that will be returned. If you have
a bail bond, contact the bondsman if
there’s a forfeiture.
A "bail remission motion" must be done within one year
of the
forfeiture of bail - that’s the statute of limitations on these
motions. The
defendant must have returned to court before this
motion can be brought.
The bail
depositor should not wait until your case is over
before arranging for a "bail remission
motion". If the depositor
waits beyond a year from the date of forfeiture, it may be too
late
to get any money back because of the statute of limitations.
If you
"bench warrant", have your lawyer check your bail
status when you return. If you
return within 45 days of the forfei-
ture, there’s an easier procedure for reinstating the
bail.
21
WHAT TAKES SO LONG
Criminal cases can take a long
time to finish. This depends
on the seriousness of the charges and whether you’re going to
take
a plea or go to trial.
There are "speedy trial rules" governing
the amount of time
the D.A. has to be ready for trial, but more serious cases can take
six to 12 months, or longer, to go to trial. Trial preference is
usually given to defendants
who are in jail.
Technically, the D.A. has to be ready for trial within six
months of your arrest, (90 days for misdemeanors), but there are
certain time periods that are
excluded from the six months (or 90
days) and these rules do not apply to homicide cases.
Some of the reasons for the delay include: crowded court
calendars, busy D.A.s and
defense lawyers, and delays in getting
documents from the D.A. or police that your lawyer
needs to prepare
for trial.
Each case is different and requires different
preparation.
There are certain procedures that have to be followed. Your lawyer
can
explain this more fully as it relates to your case.
The wait is frustrating but there’s
little that can be done to
speed things up. In certain cases, delay is helpful to the
defen-
dant. Witnesses, like all of us, having memories that fade over
time.
Lawyers sensitive to their
clients’ feelings often act as psycholo-
gists and social workers as well as lawyers. Maybe
that’s why we’re
also called counselors.
TRIAL PREPARATION
After
arraignment, your case will be adjourned. If it’s a
felony, trial preparation usually begins
after you’ve been ar-
raigned on the indictment. If it’s a misdemeanor, trial preparation
The next time the case is on, there
will be a conference,
where the D.A., the judge and your lawyer will discuss your case to
be a plea offer. If the
plea is refused, the case is adjourned for
your lawyer to make "motions".
22
One of the
biggest delays in the system is due to trial prepa-
ration. It’s better to have the delay than
go to trial without
adequate preparation, even if you’re in jail.
One of the
things your lawyer has to do is make certain "mo-
tions". Your attorney will prepare
an Omnibus motion which is a
formal written request for certain information the D.A. has
about
your case (discovery), and requests that certain evidence be sup-
pressed on the
grounds it was obtained in violation of your rights.
There are also certain
"dismissal" motions that are included, where
appropriate.
There will
usually be hearings on the suppression motions if
the judge thinks you’re entitled to them.
These pre-trial hearings
will be discussed later.
Another thing your lawyer has
to do to prepare your case for
trial is to investigate. Sometimes an investigation can’t be
done
until the D.A. responds to your lawyer’s "discovery" motions and
turns
over police reports to your attorney.
The D.A. often keeps information from the defense
until the
eve of trial. Police reports are often turned over with the names
and
addresses of witnesses deleted to protect them. Judges usually
don’t make the D.A. disclose
that information until trial. We
sometimes call this "trial by ambush".
Your case will be adjourned, usually about three weeks at a
time, until it’s ready for trial
or you take a plea.
Because of all the delays, some defendants take pleas just to
avoid having to come back to court so many times. This is more
likely to happen in Criminal
Court in misdemeanors cases.
TO PLEAD OR NOT TO PLEAD
Many people think
plea-bargaining is a dirty word. Plea-bar-
gaining is actually like negotiating the
disposition of a case.
Sometimes a plea-bargain is appropriate.
Whether you take
a plea or go to trial is an important deci-
sion you have to make. It’s not the kind of
decision your lawyer
should make for you, but his/her opinion should be very important
to you when you decide to take a plea or go to trial.
Once your lawyer has a clear
enough picture of the evidence
against you, s/he can evaluate the chances of winning your
trial.
Your attorney will usually balance your odds of winning
against the amount
of time you could be sentenced to if you lose
trial and the sentence being offered in the
plea-bargain.
23
Defendants who are in jail awaiting trial are more likely
to
take pleas than defendants who are out of jail.
The decision is a very
difficult one, especially if you’re
innocent and the evidence against you looks strong. There
are
provisions in the law for a person to plead guilty without admit-
ting guilt. This
is called a SERRANO plea or an ALFORD plea (named
after the cases that allow this kind of
plea). Some judges don’t
like to take SERRANO/ALFORD pleas.
It’s very hard to
admit guilt if you’re innocent, but there
are defendants who do it because their chances of
winning are so
slim, they’d rather take the sure thing (usually probation or low
jail
time) than risk a severe jail sentence after losing trial.
If you go to trial and lose,
you usually get more time than
that offered in the plea-bargain. It’s like getting extra
punish-
ment for putting the state through the trouble and expense of the
trial.
No matter how experienced or skillful your lawyer is, there’s
no guarantee of winning a
trial. One reason people take pleas is to
avoid the uncertainty of trial.
Trial
is an uphill battle for the defense attorney. The D.A.
has most of the tools. Your lawyer has
police and detective inves-
tigators (D.I.s) to help investigate and get witnesses to
cooper-
ate. as well as getting private detectives.
Even if the defense has been
able to get the names and loca-
tions of witnesses, there’s no real way to get them to
cooperate if
they don’t want to and most people don’t want to get involved.
The
District Attorney’s office also has public opinion on
their side. Even though the law says
that you’re presumed to be
innocent, and that the burden of proving your guilt is on the
D.A.,
jurors do not always understand or follow the law.
Unfortunately, nowadays,
especially is New York City, jurors
are exposed to crime on the streets, either personally or
through
the media, and tend to presume you’re guilty and expect the defense
to prove
your innocence. This is especially true if you’re a member
of a minority or poor.
Sorry to paint such a grim picture, but that’s where things
are and this guide discusses
realities, not ideals.
PRE-TRIAL HEARINGS
There are several types of
hearings, called pre-trial hear-
ings, or suppression hearings, that may occur before a trial
jury
is selected.
24
Not every case has pre-trial hearings. It
depends on the
evidence against you. These hearings are usually named after cer-
tain
landmark cases.
After the hearings, the judge decides whether or not to let
the
D.A. use certain evidence against you at trial. If the evidence
in question at the hearing is
the only evidence against you, and
you win the hearing, that might be the end of your case.
A HUNTLEY hearing is to suppress statements allegedly made by
you to a law
enforcement officer (including the police, the D.A.,
or their agent), on the grounds that you
weren’t advised of your
constitutional right to remain silent or were forced to make the
statement, either by threats or brutality.
I often have clients tell me, when I
interview them for the
first time, that the police did not "read them their rights".
They
seem to think that’s a way to get a case dismissed. Unfortunately,
that’s rarely
the result. The only consequence of not reading you
your rights is that if you made a
confession there are now grounds
to get it suppressed.
It’s unlikely that the
police will admit they failed to read
you your rights or that they threatened or beat you. At
the HUNTLEY
hearing they’ll probably testify that they read you your (MIRANDA)
rights
and deny that they used any force.
The judge usually believes the police. This happens
in most
instances where the police version differs from the defendant’s.
A
DUNAWAY hearing is also a hearing to suppress statements, on
the grounds that the police
didn’t have probable cause (any legal
reason) to arrest you in the first place.
A
WADE hearing is a hearing to suppress the identification on
the grounds that the pre-trial
identification procedure was sugges-
tive and that the witness would not have otherwise been
able to
identify you.
A MAPP hearing is a hearing to suppress physical
evidence
seized from you (usually a weapon, drugs, or the proceeds of a
crime) on the
grounds that the police had no legal right to stop
you or search you in the first place.
A SANDOVAL hearing is a hearing to prohibit the D.A. from
using your criminal record to
impeach you during cross-examination,
if you testify at trial.
Ordinarily, when a
witness testifies at trial, the opposing
counsel can use the witness’ criminal record on
cross-examination
to show that the witness isn’t worthy of belief.
When the
witness is the defendant, the court has to balance
your constitutional right to testify on
your own behalf against the
D.A.’s right to this cross-examination technique.
25
The problem is that juries tend to believe that if you’ve
committed crimes in
the past, you probably committed this one too,
and that’s not one of the factors a jury is
supposed to consider as
evidence. The defense attorney tries to limit this through the
SANDOVAL hearing.
If you don’t testify at trial, the D.A. can’t introduce your
criminal record, except under specific conditions that are too
technical to discuss here.
TRIAL
After the pretrial hearings are finished, the trial begins.
The
trial is the part of the case where a decision is made by a
judge or a jury, after listening
to the evidence, as to your guilt
or innocence.
You’re entitled to a jury trial
in all felony cases and misde-
meanor cases that carry penalties over six months in jail.
Even if you’re entitled to a jury trial, there are certain
cases that are better
tried without a jury. This kind of decision
is between you and your lawyer and usually depends
on the specifics
of your case and which judge is in the trial courtroom.
It’s
important to dress appropriately when you’re on trial.
Dress like you would for a church
function, not like you would on a
date. You want to look neat but not flashy.
If
you’re out of jail and don’t appear for trial, in addition
to getting a bench warrant and
forfeiting your bail, your case may
be tried without you.
Most judges warn
defendants of that possibility. If you’ve
been warned, and don’t appear, you can be tried,
convicted and
sentenced in your absence. The likelihood of conviction increases
if
you’re not present at your trial.
When the police pick you up on the bench warrant,
you’ll be
sent to jail to serve your sentence. You may also, practically
speaking, waive
your right to appeal.
Assuming you’re having a jury trial, the first part is to
select the jury. This is called voir dire.
A panel of prospective jurors is brought to
the courtroom from
the Central Jury Panel. The judge explains some general principles
of
law to them.
From that panel, 12 or more at a time, six if it’s a misde-
meanor
trial, are called into the jury box to be questioned by the
judge, the D.A., and the defense
attorney.
26
The purpose of the voir dire is to give the D.A. and the
can be fair.
with the judge and court
reporter (who records the proceedings),
and challenge the jurors they don’t want.
It’s more a process of elimination than one of selection.
There are a specific number of
peremptory challenges for each side,
depending on the nature of the charges.
Peremptory challenges are those that do not require the attor-
ney to give a reason for the
challenge.
If either side can show the judge that a potential juror can’t
be
fair, then that juror can be challenged for cause. Challenges
for cause are unlimited.
A felony trial jury consists of 12 jurors and usually two
alternates. If one of the
jurors can’t continue to serve (because
of illness or the like), an alternate is
substituted.
After the jury is selected, the judge usually tells them more
of the
general principles of law. Your attorney explains their
duties and explains the order of the
trial. Your lawyer also warns
them not to discuss the case with anyone until it’s over.
The D.A. then makes an opening statement. This tells the jury
what the prosecution
intends to prove to them during the trial.
Your attorney usually describes this as a table of
contents.
The defense attorney may also make an opening statement. This
will be a
matter of trial strategy that your lawyer will decide,
depending on the nature of your
defense.
The defense attorney is not required to make an opening state-
ment,
because the defense is not obligated to prove anything during
the trial.
After
opening statements, the D.A. presents evidence. Evidence
is testimony from witnesses and
exhibits (weapons, contraband,
documents, etc.).
When a witness testifies for the
prosecution, the D.A. ques-
tions that witness before the defense. This is direct
examination.
When the defense attorney questions that witness, it’s cross-exami-
nation.
When the D.A. has finished putting on the prosecution’s case,
your lawyer
has the right to present a defense case.
However, the defense doesn’t have to present a
case because
the defense doesn’t have to prove anything. The jury is supposed to
decide,
based on what the District Attorney presents, if they’re
convinced of your guilt "beyond
a reasonable doubt".
27
A major trial decision is whether or not
you’ll testify in
your own behalf at trial. Even though the jury is told not to hold
it
against you if you don’t testify, they often do hold it against
you. The decision is harder if
the D.A. has been given permission
to cross-examine you about your criminal record.
rebut something the defense has
raised in its case. If this hap-
pens, the defense may present evidence to rebut that.
When both sides finish presenting their evidence, they rest.
Then they do summations.
The defense attorney sums up first, and,
because the defense has the burden of proof and the
D.A. sums up
last.
Summations are the lawyers’ comments about the evidence to
When both sides finish
their summations, the judge explains
the relevant law to the jury and sends them out to
deliberate until
they reach a verdict. Jury members are not allowed to discuss the
case
with anyone who isn’t on the jury.
A verdict must be unanimous. Sometimes the jury
can’t reach a
verdict by the end of the day, and they’re sequestered for the
night (sent
to a hotel together).
If the jury can’t reach a unanimous verdict, and it seems they
the judge know they’re
deadlocked and the judge may declare a
"hung" jury. If that happens, you may be
tried again.
If you’re acquitted (found not guilty), you can’t be charged
or
tried again for the same case.
SENTENCING
If you’re convicted after trial,
or take a plea, the case will
be adjourned for the probation department to prepare a report
to
aid the judge in sentencing. If you’ve been in jail awaiting trial
you’ll get credit
for that time toward your sentence.
It’s very important to make a good impression on
the person
interviewing you, because the probation department recommendation
carries a
lot of weight. Even if your sentence was negotiated by
plea-bargain, if the probation report
is bad, the judge may decide
not to keep his/her promise to you and give you the option of
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Also, your probation
report is attached to your file and is
taken into consideration when you become eligible for
parole.
If you’re eligible for "youthful offender" treatment, the
probation report is sometimes the deciding factor.
If you’ve taken a plea and are out
of jail awaiting sentence
and fail to keep your appointment for your interview with the
Department of Probation, or get convicted of another crime, or fail
to appear in court on the
date of sentence, the judge can give you
a harsher sentence without giving you the option of
withdrawing
your plea.
When the Department of Probation prepares its report,
they
usually contact the D.A. for input, but not the defense attorney.
If you’re
convicted after trial, your lawyer may want to prepare
his/her own "pre-sentence
report" to balance things out.
APPEALS
If you’re convicted after
trial, your lawyer must file a
"notice of appeal" for you within 30 days of the
sentence date to
insure your right to appeal.
If you’re indigent, a lawyer will
be assigned to do your
appeal. It will either be a Legal Aid lawyer or an 18-B lawyer.
Appeals take a long time to be heard. Part of the delay,
especially if you’re indigent,
is the length of time it takes the
appeals lawyer to get the minutes of the trial.
takes longer for them to get to
your case. It sometimes takes years
for an appeal to be heard.
If you can afford
to pay privately for the appeal, and the
minutes of the trial, you can speed up the process
quite a bit.
Sometimes you can get bail pending appeal but the majority of
defendants wait in jail until their appeal is heard.
"ASSERT YOUR RIGHTS"
CARD
If you’re arrested, you can tell the police your name, ad-
dress, date of
birth, etc. (pedigree information), but don’t answer
questions about the crime or where you
were when it happened.
29
To protect yourself, cut out the card below and
keep it with
you, just in case. If you borrowed this book from your library,
please just
photocopy this card. Hand it to the police if they want
to question you, search you or your
property, or place you in a
line-up. This card could save you years in jail.
* *
* I do not wish to answer any *
*
questions without speaking to *
* an attorney first. I do not *
* consent to a search. I
do not *
* consent to being in a line-up. *
* I will not waive any of my *
*
constitutional rights. *
* *
* Thank You *
—————————————
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ABOUT THE AUTHOR
Joyce David is a criminal lawyer with
offices in the Tower
Suite of 16 Court Street, Brooklyn, N.Y., 11241, (718) 875-2000.
Ms. David is admitted to practice in the State and Federal
courts in New York and in
the United States Supreme Court.
She’s represented thousands of defendants accused of
almost
every type of crime. She’s a frequent lecturer and is often con-
sulted by the
media on matters relating to the Criminal Justice
System.
Ms. David’s
professional activities include:
* Vice President - New York State Association of
Defense
Lawyers (also Chair Task Force on Bias in the Criminal
Justice System)
* Homicide Panel - Second
Judicial Department
* Co-Chair Criminal Law & Procedure Committee - Brooklyn
Bar Association
* Women & Minorities Committee - National Association of
Criminal Defense Lawyers
* Executive Vice Chair - Brooklyn Women’s Political Caucus
* Special Counsel to Co-Chair - New York State Democratic
Committee, Women’s
Division
* Candidate for State Committeewoman - 1984
* Freelance
Journalist
* Society of Professional Journalists & NY Deadline Club
*
New York Women in Communications, Inc.
* Mensa
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