Negotiation with Prosecutor (usually ongoing process)Īt the felony level, a person can only plead guilty after having been INDICTED by a Grand Jury or by means of an "SCI". In this scenario, a Defendant pleads guilty by way of a Superior Court information (SCI). Time lines and procedural guidelines must be followed by the court.Īlternatively, a felony case can be negotiated Pre-Indictment -and sometimes this can yield a much better offer from the prosecutor. if the Grand Jury indicts the defendant, then the felony case is on the trial track.The Prosecutor has six months to indict a Defendant for a felony charge. 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). Often, it can take time for a felony to be indicted by the Grand Jury.same as misdemeanor-just longer (see page).This is a very common strategy in most Felony DWI cases in Tompkins County and the surrounding area. the prelim hearing can also be waived by the defense in exchange for extra discovery from the prosecutor or other deals.Then the case is transferred to the County Court level. It is a low standard that is usually met. this hearing is an opportunity to question the police officer, and is required for the prosecutor to prove that charging the felony was appropriate.Felony Preliminary Hearing (at local court -not county level) Bail can be used to your advantage to shorten a jail sentence later in the case.ģ. ***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. ![]() For serious felonies, the Judge can simply REMAND (or lock up the Defendant) during the case. $10,000 cash / $20,000 bond) will essentially lock somebody up for the duration of the case. In most cases, any significant bail (i.e. money) needs to be put on the defendant and how much to prevent them from running away. ![]() this is where the judge decides if the person charged with a felony "is a risk of flight" from the county where charged. ![]() 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. Breaking Down the Timeline of a Criminal Case in NY (Felony)
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |