Brooklyn Criminal Court and Kings County Supreme Court: What to Expect

Most criminal cases in Brooklyn begin with an arraignment at Kings County Criminal Court, 120 Schermerhorn Street. Felony cases that continue after an indictment move to Kings County Supreme Court, Criminal Term, at 320 Jay Street, a few blocks away. This guide explains what happens in each court, from the first appearance to the end of the case.

The two Brooklyn criminal courthouses

• Kings County Criminal Court, 120 Schermerhorn Street: handles misdemeanors and lesser offenses, and conducts arraignments and preliminary proceedings in felony cases.
• Kings County Supreme Court, Criminal Term, 320 Jay Street: handles felony cases after an indictment, or after a waiver of indictment when the law allows it, from hearings and plea negotiations through trial and sentencing.

Kings County Supreme Court also hears civil lawsuits, such as personal-injury cases, at 360 Adams Street. This guide covers criminal cases.

From arrest to arraignment

• After an arrest: the person is taken to the precinct and then to Central Booking for processing, and is usually arraigned within about 24 hours. Arraignments in Brooklyn are held every day, including evenings and weekends. Family members can find the Central Booking phone numbers on our resources page.
• With a Desk Appearance Ticket: the arraignment is on the date printed on the ticket, generally within 20 days. Missing that date can lead the court to issue a warrant.

What happens at the arraignment

• The charges are presented, and you receive a copy of the charging papers.
• You are represented by a lawyer: a private attorney you choose, or an assigned attorney.
• A plea of not guilty is usually entered at this stage.
• The judge decides whether you are released and on what terms.
• The judge may issue a temporary order of protection, which is common in domestic-violence cases.
• The prosecution may serve notices about statements or identification evidence it intends to use.
• The case receives its next court date.

Release and bail

For most misdemeanors and non-violent felonies, New York law does not allow bail: the judge must release you, sometimes with non-monetary conditions. Bail or remand is possible only for qualifying offenses. Ask your attorney before the arraignment which outcome is realistic in your case and, for a qualifying offense, which form of bail may be set.

When a felony case moves to Supreme Court

In a felony case, the Kings County District Attorney's Office decides whether to present the case to a grand jury. If the accused person is held in jail on a felony complaint and, within 120 hours of the arrest (144 hours when a weekend or holiday falls within that time), the grand jury has not voted an indictment and no preliminary hearing has begun, the court generally must release the person on request, with limited exceptions. If the grand jury votes an indictment, the case moves to Supreme Court at 320 Jay Street, where the defendant is arraigned again, this time on the indictment. Some felony charges are instead reduced to misdemeanors and resolved in Criminal Court.

What happens in Supreme Court

• Arraignment on the indictment, where a plea of not guilty is usually entered.
• Discovery: the prosecution must share its evidence with the defense.
• Motions and hearings, for example to challenge a search, a statement, or an identification.
• Plea negotiations.
• Trial before a jury, or before a judge if the defendant waives a jury.
• Sentencing, if the defendant is convicted.

Orders of protection and Family Court

If the criminal court issues an order of protection, read it and follow every term immediately, even if the protected person invites contact. An alleged violation can lead to a new arrest or a criminal-contempt charge. When the case involves family or household members, a related case may also be heard in Kings County Family Court at 330 Jay Street, in the same building as the Supreme Court. Your attorney can explain each order and the lawful way to ask the court to change it.

Practical tips for court days in Brooklyn

• Bring government-issued identification and the paperwork you received.
• Family members should know the person's full legal name and date of birth, and keep their phone on in case the attorney needs information.
• Arrive early and expect security screening and lines at the entrance, especially in the morning.
• Both courthouses are in Downtown Brooklyn, near the Jay Street–MetroTech, Borough Hall, and Hoyt–Schermerhorn subway stations. Parking nearby is limited, so public transit is usually easier.
• Do not discuss the facts of the case in hallways or with anyone other than your attorney.
• Write down the next court date and courtroom, and keep every paper the court gives you.

To learn more, see our guide to the difference between a felony and a misdemeanor and our overview of New York State and federal courts.

Criminal defense in Brooklyn courts

Sharifov & Associates, PLLC represents clients at arraignments in Kings County Criminal Court and in felony cases in Kings County Supreme Court. Our Brooklyn office at 1629 Sheepshead Bay Road is on the B and Q subway lines, which also stop at DeKalb Avenue, a short walk from the courthouses. Rovshan Sharifov is a former Assistant District Attorney who served in the Nassau County District Attorney's Office from 2002 to 2006. If someone you know has been arrested in Brooklyn, or you received a Desk Appearance Ticket, call our New York City office at 718-368-2800.