A Guide for Bronx Criminal Lawyers: The Road from Arrest to Arraignment in Bronx County, New York

There is a common belief among attorneys, as well as the general public, that all criminal matters that begin with an arrest somewhere in the United States follow a precise, consistent, and direct trail that leads to formal court proceedings. . This, unfortunately, is far from reality. There are many factors that have a major impact on the post-arrest process. These factors include, but are not limited to, where the person was arrested, the availability of a nearby operating court facility, access to legal counsel, the availability of prosecutors, court clerks, court reporters, computer systems, and many other essentials. to any legal process. People arrested in remote areas at night can expect to spend several hours in a police station with little or no access to lawyers. Most are surprised to learn that many judges called to conduct arraignments, very often in the back of a police station, are not lawyers at all. Many arraignments take place without legal counsel, prosecutors, court clerks, or even court reporters. Fortunately, a person arrested in Bronx County, New York City will, with few exceptions, follow a highly organized path that leads directly to their arraignment. The courts, lawyers, prosecutors, stenographers and all those people or systems necessary to handle the matter in a timely manner are available. However, as orderly as it is, the process can appear Kafkaesque to the general public, and even to untrained legal practitioners. The following is a roadmap outlining the precise journey virtually every case takes from the moment of an arrest to the official arraignment process.

All criminal matters in Bronx, New York begin with the reporting of a crime, either by civil witnesses or by police officers. A civilian reporting a crime can be an actual eyewitness, a victim of a criminal offense, or a representative of the victim, such as a parent. In addition, certain classified professionals, such as social workers, doctors, attorneys, or legal guardians, are required by law to report certain crimes that come to their knowledge. The police can initiate a criminal complaint against a person in the absence of victims or witnesses. This usually occurs when the police observe a person committing a crime, such as driving while intoxicated, possession of a weapon, or sale and possession of drugs.

After a civilian files a complaint or is observed by the police, a potential suspect may not be immediately arrested. The police may attempt to encourage the suspect to speak to the police in an attempt to obtain incriminating statements, or to provide evidence or proceeds of a crime. Shortly after the suspect speaks to the police or requests legal assistance, the actual arrest may take place. Arrest occurs when the individual’s freedom has been physically restricted, whether by handcuffs, physical restraint of the suspect, or threat of force. After the arrest, the suspect is usually taken to the local police station for processing. Prosecution includes taking fingerprints of a suspect to determine the exact identity of the person based on the person’s criminal record. If the person does not have a criminal record, the fingerprint report will indicate that. Once the person has been imprinted, their NYSID number will appear on your fingerprint report. NYSID stands for New York State Identification. A person with a prior criminal record will be assigned the same NYSID number. A person who has never been arrested will be assigned a new NYSID number. The NYSID number is used to track a person’s criminal history throughout New York State. It also reveals whether or not the person has outstanding warrants, owes fines to the court, or is wanted in another state or jurisdiction. The suspect is also assigned an arrest number. The arrest number refers only to this particular arrest. In addition to printing and background checks of the detainee, photographs are also taken for identification purposes.

The next step in the process is the actual filing of a police complaint report. The police complaint report is completed by the arresting officer. Provide a brief description of the crime, the evidence obtained, the names of the victims or witnesses, if any, and the precise charges for which the accused has been arrested. The arrest report also contains the defendant’s name, address, and personal information. This information, known as a pedigree, usually comes from the defendant himself and becomes part of the official report. Once all of this information is compiled, the defendant, arrest reports, fingerprint reports, and all other relevant information are transported to Central Booking. Central Booking is located in the Bronx Criminal Court building. Here is the entire file prepared by the police before the Bronx Prosecutor’s Office. The District Attorney reviews the entire matter and decides whether or not to proceed with the arrest process. If the prosecutor refuses to prosecute due to insufficient evidence, or for any other reason, the accused will be released and all records and photographs compiled will be erased. If the matter is not dismissed, the prosecutor will prepare a formal criminal complaint.

The criminal court complaint is a more detailed complaint of all the charges brought against the defendant. It contains information about the evidence obtained, the names of the witnesses, the times and places of the crimes charged, and an affidavit from the complaining witness or the arresting officer. Once this affidavit has been reviewed and signed, the entire matter is referred to criminal court for arraignment. Arraignment is when the defendant is brought before a court and is publicly notified that certain criminal charges have been filed against him. Prior to arraignment, each criminal court complaint is assigned a docket number. The file number refers only to this particular criminal court complaint. However, before the arraignment, the suspect, now accused, has the right to a lawyer. The attorney appointed or retained by the defendant will be provided with a copy of the official criminal court complaint, along with a copy of the defendant’s criminal record. The attorney will then be allowed to speak with the defendant before the arraignment. The purpose of this interview is for the attorney to notify the defendant of the charges that have been filed, obtain any important information such as witnesses for the defense, discuss bail issues, and answer any legal questions from the defendant. Once this is complete, the accused is brought before the court for arraignment. The actual arraignment usually lasts no more than a few minutes. The prosecutor usually notifies the judge of the seriousness of the case before the court and whether or not bail is requested. The prosecutor also notifies the defense attorney whether or not the defendant made statements, and whether the defendant was identified at a lineup, or in some other way, such as a photo ID. After the prosecutor finishes addressing the court, the defense attorney speaks on behalf of the accused. The primary goal of the defense attorney at this point is to obtain the defendant’s release without bail, or with minimal bail conditions. The attorney may argue that the matter before the court is a criminal misdemeanor, is legally insufficient, or represents the defendant’s first offense. The attorney may also argue that the defendant maintains strong ties to the community, such as work and family, and it is unlikely that he will obtain a court order if he is released. At this point, the judge makes a bail decision and simply adds the matter to further legal proceedings, completing the arraignment process.