Arraignment on Misdemeanor Charges
This criminal complaint is generally insufficient for the Assistant District Attorney to proceed to trial. This is because it generally contains hearsay allegations in the criminal complaint. The criminal complaint can be signed by a NYPD officer or Detective with the District Attorneys office who doesn’t have the requisite personal knowledge to remove the hearsay from the criminal complaint. In order for the criminal complaint to be converted into an information, an individual who has personal knowledge must sign and swear to a supporting deposition. This document is also referred to as a corroborating affidavit. Certain crimes require other documents to convert the criminal complaint into an information. For example, drug cases will often require a laboratory report confirming that the substance was actually illegal narcotics A gun case might require that the gun was actually capable of being fired. In cases charging defendants with a DWI or a violation of the Vehicle and Traffic Law (“VTL”) all of the supporting documents might be ready at the arraignment.
If you are arrested, and charged with a misdemeanor offense and remain incarcerated pending the case the Assistant District Attorney will have five (5) days from the date of the arraignment (not including Sunday) for the Assistant District Attorney to convert the criminal complaint into an information.
If the criminal complaint is converted into an information the case might get adjourned for motions, and/or hearings or trial. If the criminal complaint is not converted into an information then the case will get adjourned for the Assistant District Attorney to file the supporting deposition and a certificate of readiness. The New York Criminal Procedure Law does not allow the assistant district attorney endless time to file the necessary paperwork Depending on the charges, depends on the amount of the time the people have to be ready for trial. In the event they are not ready in the applicable time period the case can be dismissed.
According to New York criminal law, for a Class A misdemeanor the Assistant District Attorney must be ready for trial within 90 days. For a Class B misdemeanor the Assistant District Attorney must be ready for trial within 60 days. This time period is referred to as speedy trial.
Arraignment on Felony Charges
If you are charged with a felony charge and bail is set at your criminal court arraignment, the case will be adjourned from arraignments to the 180.80 date. CPL 180.80 is the section of the criminal procedure law that states if you are incarcerated pursuant to a felony complaint, the assistant district attorney has 120 hours for the grand jury to vote an indictment or you must be released on your own recognizance.
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