New York City Criminal Court - The Two Sides

The Two Sides

Next, the prosecutor provides defense counsel with certain "notices" that are required by law. Although these notices vary depending on the type of case and facts presented, they generally relate to notifying the defense about certain types of evidence in the Government's possession. For example, one type of notice frequently presented at arraignment notifies the defense that the Government has a statement from the defendant. At the arraignment, the notices are rattled off in quick succession and identified by Criminal Procedure Law references. Once all the notices are handed to the defense, the judge usually asks to hear the Government's position on bail. Usually, the prosecutor will request bail and briefly outline the basis for the request. The defense lawyer is then afforded an opportunity to speak, and will usually seek the defendant's release from custody. Finally, after hearing from both sides, the judge decides on bail.

After arraignment, the misdemeanors, violations and other various low-level infractions are tracked to "All Purpose Parts", or courtrooms where the cases will be negotiated, resolved, or readied for trial. Once certain procedural requirements are met, the defense will frequently request the opportunity to file pretrial motions, through which they will request certain pretrial hearings, if required. Typically, there are three classic types of pretrial hearings, all of which relate to testing the admissibility of different kinds of evidence which the Government intends to use at trial. Specifically, the three classic pretrial hearings challenge the admissibility of: 1) identification evidence (like a lineup); 2) confessions; and 3) physical evidence, obtained either from the accused, or from a place where the accused has an expectation of privacy. Once pretrial hearings are completed, the case is considered ready for trial and will usually be transferred to a courtroom that specializes in handling trials.