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Physical evidence guns, drugs, cash, blood, etc. A motion may also be made to exclude mention of prior convictions or bad acts during the trial. Procedure at trial consists of jury selection 6 jurors for a misdemeanor, 12 jurors for a felony , opening statements, the prosecution's presentation of evidence, the defense attorney's presentation of evidence, closing arguments, the jury charge, the jury's deliberations, and the verdict.
A trial is a complex and precise undertaking. If you decide to take your case to trial, you MUST have an experienced criminal trial attorney. You cannot afford any rookie mistakes at trial - it will likely cost you your freedom. You must have a trial attorney who has the ability to challenge the prosecution on their knowledge of the rules of evidence, on NYS Criminal Procedure, and ultimately require them to prove that you are guilty beyond a reasonable doubt.
While not an ideal situation, on several occasions either Mr. Nobles or Mr.
DeCarolis have been hired only a few weeks prior to trial when clients were unsatisfied with their original attorney. Do not be hesitant about changing attorneys, a seasoned criminal trial attorney will have tremendous impact on the outcome of your case and your future. Sentencing can be one of the most important parts of the criminal process , as it determines the actual penalty the defendant will receive.
Generally, upon conviction, a person has the right to one appeal to a higher court in most cases the Appellate Division, 4th Department. The Court of Appeals, however, is not required to hear the case. The appeals process requires specialized experience and skills. TRIAL Procedure at trial consists of jury selection 6 jurors for a misdemeanor, 12 jurors for a felony , opening statements, the prosecution's presentation of evidence, the defense attorney's presentation of evidence, closing arguments, the jury charge, the jury's deliberations, and the verdict.
As soon as practicable after the assignment of an action to an individual assignment judge, the assigned judge shall conduct a preliminary conference.
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The matters to be considered at such conference shall include establishment of a timetable for completion of discovery and filing and hearing of motions, fixing a date for commencement of trial, and consideration of any other matters that the court may deem relevant. At the conclusion of the conference, the directions by the court to the parties and any stipulations by counsel shall be placed on the record or incorporated in a written court order.
In the discretion of the court, failure of a party to comply with these directions shall result in the imposition of such sanctions as are authorized by law. The court may direct the holding of additional preliminary conferences as may be needed. There shall be a grand jury drawn and impaneled for such terms of a superior court as may be provided on the annual schedule of terms established by the Chief Administrator of the Courts. Whenever the public interest requires, additional grand juries may be drawn and impaneled as authorized by the Chief Administrator.
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Any party filing with a superior court an application for appointment of a special district attorney, pursuant to section of the County Law, shall make the application to the Chief Administrator of the Courts or to an appropriate Deputy Chief Administrative Judge. The Chief Administrator, Deputy Chief Administrative Judge, or appropriate Administrative Judge shall assign a superior court judge to consider the application as provided by law, selected from a list of judges established for that purpose that has been approved by the Chief Administrator and the Presiding Justice of the appropriate Appellate Division.
Historical Note Sec.
Amended on Jul. In all criminal actions on an indictment, prosecutor's information, information, or simplified information, where counsel for the defendant has provided the prosecutor with a written demand as specified under CPL Maryland, U. United States, U.
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The order shall be issued on the first scheduled court date, following demand, where both the prosecutor and defense counsel are present. The Chief Administrator of the Courts shall promulgate a model order for this purpose that the court may use as it deems appropriate. Historical Note Added on Nov.
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Criminal actions in a criminal term shall be assigned to judges in a manner authorized by the Chief Administrator of the Courts. In addition to the papers filed and orders issued, the court shall maintain records which shall include the following information:.
Each city court may, consistent with the provisions of section of the Uniform City Court Act, maintain records of all criminal actions and proceedings in accordance with section The Administrative Judge of the New York City Criminal Court may establish a procedure for accepting guilty pleas by mail whereby a defendant charged in an information with a designated petty offense defined outside of the Penal Law may enter a plea of guilty to such petty offense, and be sentenced by the Court to pay a fine and any applicable surcharge on the resulting conviction, without making a personal appearance in the action.
For purposes of this section, the term "petty offense" shall have the same meaning as in subdivision 39 of section The procedure established pursuant to subdivision a shall apply only where a defendant has been served with an appearance ticket in lieu of an arrest, returnable in the Summons Part of the New York City Criminal Court, for a petty offense defined outside of the Penal Law that has been specifically designated by the Administrative Judge of the New York City Criminal Court as appropriate for disposition under this section. The appearance ticket shall contain the nature of the charge, the range of applicable penalties if convicted of the charge, a procedure for pleading guilty by mail, and such other information as may be prescribed by the Administrative Judge.
The appearance ticket also shall include a provision advising the defendant that, by entering a plea of guilty by mail to the charge, he or she: i waives arraignment in open court, the right to receive a copy of the accusatory instrument and the right to the aid of counsel; ii pleads guilty to the offense as charged; iii understands that a plea of guilty to the charge is equivalent to a conviction after trial; iv agrees that the charge be disposed of by payment of the fine and any applicable surcharge in accordance with the amounts designated in the appearance ticket; and v understands that the Court may refuse to accept the plea of guilty, because of the defendant's prior criminal record or other special circumstance, in which case, if ultimately convicted, he or she may be sentenced to the full range of penalties set forth in the appearance ticket.
A defendant served with an appearance ticket pursuant to this section charging the defendant with a designated petty offense defined outside of the Penal Law may enter a plea of guilty by mail by indicating, in accordance with the instructions in the appearance ticket, that he or she pleads guilty to the charge, and by signing and mailing the completed ticket, by first class, registered or certified mail, to the Court at the address provided on the ticket, together with payment of the amount of the fine and surcharge set forth on the ticket for the offense charged.
What should you do and what questions should you ask when a client calls you about a criminal matter? How do you counsel your client?
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What should you be sure not to do? And when you get to court, what rights should you preserve? What ethical issues may come up, and how should you navigate them if they come up?