Facing a drug-related offense in New York can be a daunting experience.
Knowing the process that occurs within the New York court system can help individuals navigate this challenging situation.
Arrest and booking
The Gothamist reports that drug arrests are up 84% in the city. The first step in a drug case is the arrest and booking process. Law enforcement officers apprehend individuals suspected of drug offenses. During booking, they collect personal information, take fingerprints and the individual’s photograph.
Initial appearance
Following the arrest and booking, the individual appears before a judge. During this hearing, the prosecutor presents the charges and the judge determines if there is probable cause to proceed with the case. The judge may also set bail during this stage, allowing the release of the accused until their trial.
Grand jury or preliminary hearing
In New York, drug cases typically proceed to a grand jury or a preliminary hearing. During a grand jury proceeding, jurors review evidence the prosecution presents to determine if there is sufficient probable cause to indict the accused. Alternatively, a preliminary hearing involves presenting evidence to a judge to establish probable cause.
Arraignment
After indictment by a grand jury or a preliminary hearing, the arraignment takes place. The court formally presents the charges against the individual. The accused enters a plea of guilty or not guilty. If the accused pleads not guilty, the case proceeds to the next stage.
Pre-trial proceedings
Pre-trial proceedings involve various legal motions and hearings that occur before the trial. These may include motions to suppress evidence, plea negotiations and other procedural matters.
Trial
If the case proceeds to trial, both the prosecution and the defense present their evidence and arguments before a judge or jury. The prosecution must prove the accused’s guilt beyond a reasonable doubt for a conviction.
Sentencing
If the jury finds the accused guilty or they plead guilty, the court proceeds to sentencing. During this stage, the judge determines the appropriate punishment, which may include fines, probation, community service or incarceration.
Appeals
Following sentencing, the accused has the right to appeal the verdict or sentence if they believe there were legal errors during the trial.
Anyone facing drug charges in a New York court should have legal representation to help them through the long process.