Getting arrested and charged with a crime in New York is overwhelming—especially if you don’t know what to expect. Whether you’re being investigated or already facing charges, understanding how a criminal case moves through the legal system can help you feel more prepared and protected.
Here’s a straightforward overview of the stages most New York criminal cases go through, from arrest to appeal.
Most criminal cases start with an arrest. This might happen on the spot if police witness a crime, or it might follow an investigation and a judge-issued warrant. After your arrest, you’ll go through booking, where police take your fingerprints, photograph you, and enter your information into the system.
It’s crucial to remember that you have the right to remain silent and the right to an attorney. Anything you say can be used against you later, so it’s best not to answer questions until you’ve spoken with a lawyer.
In New York, an arraignment typically happens within 24 hours of arrest. This is your first appearance before a judge. The charges are formally read during this hearing, and you’ll enter a plea—usually “not guilty” at this stage. The judge will also decide whether to release you, set bail, or hold you without bail (remand).
If you’re charged with a misdemeanor, the case usually heads toward trial preparation. If you’re facing felony charges, it moves to the next stage: a grand jury review or a preliminary hearing.
For felony cases, the prosecution must present evidence to a grand jury—a group of citizens who decide whether there’s enough to formally charge you (this is called an indictment). Grand jury proceedings are held in secret, and defense attorneys generally aren’t present.
Sometimes, instead of a grand jury, a preliminary hearing is held where a judge decides if there’s probable cause to move forward. If the case is dismissed at this stage, you’re free to go, but most cases do proceed.
Bail may be addressed at arraignment or during a separate hearing. In many misdemeanor cases, the judge may release you without requiring payment (release on recognizance). For more serious charges, or if the court believes you’re a flight risk, bail may be set, or you may be held without bail.
Recent bail reforms in New York have limited the use of cash bail, especially for non-violent offenses. However, for violent felonies or repeat offenses, judges still have broad discretion.
Not every case goes to trial. In fact, most are resolved through plea deals—where you agree to plead guilty to a lesser charge in exchange for a lighter sentence. Plea bargaining can happen at any point in the process, but it often occurs during the pre-trial phase after discovery has taken place.
Your defense attorney can help you weigh the pros and cons of accepting a plea deal versus taking your case to trial.
The pre-trial stage is all about preparation. Your lawyer and the prosecutor exchange evidence (a process called discovery), and your attorney may file motions to suppress illegally obtained evidence or even to dismiss the case entirely.
New York has strict rules about turning over evidence early in the case, which can give your defense team a clearer picture of the prosecution’s strategy. At this stage, your attorney may also negotiate a plea or prepare for trial, depending on what’s in your best interest.
If your case goes to trial, it will either be heard by a jury or a judge (a bench trial). Trials typically include opening statements, witness testimony, cross-examinations, and closing arguments. After all the evidence is presented, the jury or judge will render a verdict.
If you’re found not guilty, you’re free to go. If you’re convicted, the next step is sentencing.
After a conviction—whether by trial or plea—you’ll return to court for sentencing. The judge considers many factors, including the severity of the offense, your criminal history, and any mitigating circumstances.
Sentencing can range from probation and fines to jail or prison time. Your attorney can present arguments for a lighter sentence or alternatives to incarceration, depending on the facts of your case.
If you’re convicted, you may be able to appeal. An appeal isn’t a new trial—it’s a legal review of what happened in the original case to see if any mistakes were made that affected the outcome. You typically must file an appeal within 30 days of sentencing.
A successful appeal can lead to a reduced sentence, a new trial, or in some cases, a complete dismissal.
Navigating a criminal case in New York is no small task. Each stage—from arrest to appeal—can dramatically impact your future. The best thing you can do is get a knowledgeable criminal defense attorney involved early.
To learn more and speak with a Utica criminal defense lawyer, contact Passalacqua & Associates, LLC today.
If you’ve been charged with a crime in Utica or Syracuse and need legal help, contact our skilled criminal defense attorneys at Passalacqua & Associates, LLC. Schedule a free consultation today to discuss your case and protect your rights.
Passalacqua & Associates, LLC
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Passalacqua & Associates, LLC
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Passalacqua & Associates, LLC provides legal representation for individuals facing personal injuries and criminal charges. Our attorneys offer compassionate guidance and aggressive strategies, and we’re committed to achieving the best possible outcomes. We’ll protect your rights and navigate legal complexities on your behalf.
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