Criminal

In New York, a criminal charge will be either a misdemeanor or a felony charge. A person may also be charged with a violation of law, such as harassment, disorderly conduct, or simple trespass. Unlike misdemeanors and felonies, violations are not crimes, and therefore a conviction to a violation will not result in a criminal record.

Misdemeanor charges are considered low level criminal charges. A conviction to a misdemeanor carries a maximum of 1 year incarceration. Felony charges are much more serious. A conviction to a felony charge can carry multiple years of incarceration, up to life in prison on certain felonies. Misdemeanor charges are usually returnable to the District, Village, Town or City Court. Felony charges may initially be returnable to the District, Town or City Courts, however upon indictment, felony cases will be transferred to the County Court.

If you have been charged with either a violation or a misdemeanor, the officer may issue an appearance ticket requiring you to appear in court on a later date, or you may be arrested and brought before a judge to be arraigned on the charge(s). Sometimes, prior to being brought before a judge for arraignment, the police will set station house bail. If a defendant makes station house bail, he or she will be released pending a future court date. Those who are not released on station house bail will be brought before an arraignment judge. In most counties, such as in Suffolk county and Nassau County, the arraignment will usually take place the following day of the arrest. Those who are arrested early in the morning, may be arraigned the same day. In New York City and the 5 boroughs, due to the large volume of cases being processed, a defendant may be held for days before actually appearing before a judge for arraignment. At arraignment the court will decide whether to release the defendant on his or her own recognizance (ROR) or set bail. Those released on bail will be required to appear in court on a future date for conference. Those who do not post bail will appear in court in custody.