The Progress of a Criminal Case in New York: From Arrest to Disposition

 If you or someone you love has just been arrested for the first time, the fear and confusion can be overwhelming — and the questions come fast. Why was the arrest made? What happens at arraignment? Will there be bail? How long will this take, and how will it end? This guide from the criminal defense attorneys at Sharifov & Associates, PLLC, walks you through how a New York criminal case actually moves, step by step, from the moment of arrest to the final disposition.

How Arrests Happen in New York

There are generally three ways a person becomes the subject of an arrest:

1. Arrest without a warrant, based on probable cause. This is by far the most common. Probable cause means an officer has reason to believe a crime was committed and that you are the person who committed it — for example, signs of intoxication or drugs in plain view during a traffic stop, or information from a victim or witness (a “complaining witness”). If you are present and the officer has probable cause, New York law allows an arrest in a public place without a warrant.

2. The suspect is not present at the scene. When an officer has probable cause from a witness but the suspect has left, police may call or visit and ask the person to “come to the precinct to answer questions” or “discuss the situation” — often without stressing that an arrest has already been decided. If you or your attorney asks directly, the police will confirm that decision.

Important: If law enforcement contacts you, do not make any statement. Take the officer’s name, phone number, and agency, and contact an experienced criminal defense attorney before doing anything. A lawyer can arrange a voluntary surrender if one becomes necessary, which is almost always better than being taken into custody unexpectedly.

3. A formal investigation and grand jury presentment. This rarer path involves serious felony investigations — frequently white-collar matters such as fraud — where police work with the District Attorney’s office. Prosecutors present evidence to a grand jury, which decides whether there is enough to proceed. (A felony is a crime punishable by more than one year of incarceration.) If the grand jury votes to indict, a judge issues an arrest warrant; a warrant may also be issued based on a felony complaint and sworn testimony. With a warrant in hand, police can arrest you anywhere — including forcibly entering your home.

Two Types of Arrest: DAT vs. Held for Arraignment

How you are processed depends on the charge:

• Desk Appearance Ticket (DAT): Since the 2020 reforms, a DAT is now mandatory for most violations, misdemeanors, and certain class E felonies — police generally must issue an appearance ticket directing you to court on a future date rather than holding you, unless a specific exception applies (for example, an outstanding warrant, a failure to appear in court within the past two years, an inability to verify your identity, or certain offenses such as many domestic-violence and sex offenses). On Long Island, you are sometimes told to get fingerprinted before your DAT date; in New York City, fingerprinting is typically done at booking. Even with a DAT, you must appear — failing to do so results in a warrant and can lead to additional charges.
• Held for arraignment: For more serious charges, you are held until you can be brought before a judge.

Arraignment: Your First Court Appearance

If you are held, you are generally brought before a judge for arraignment within about 24 hours. At arraignment, the court:

• formally states the charges,
• addresses bail and release,
• issues a Temporary Order of Protection if needed, and
• adjourns the case for further proceedings.

Some low-level misdemeanors, violations, and traffic infractions can be resolved at arraignment through a plea, but only if you fully understand the offer and all its consequences. This is exactly why retaining an experienced defense attorney immediately matters: critical decisions about your liberty and your record happen in these first minutes.

Bail and Release

After the plea is entered, the court decides your release status. Under New York’s bail-reform laws (effective 2020, amended 2022 and 2023), release on your own recognizance (ROR) is the outcome in the great majority of cases. For most misdemeanors and non-violent felonies, judges must release you on recognizance or under non-monetary conditions and generally cannot set cash bail. For certain serious “qualifying offenses,” the court may set bail or, in the most serious matters, order remand (held without bail).

If bail is set and posted by family or friends, you remain free while the case proceeds; if it is not posted, you are held — but you earn jail credit for each day in custody, which is applied to any later sentence of incarceration. When the case ends, the posted bail is returned to whoever paid it, as long as you appeared in court as directed.

The Grand Jury (Felony Cases)

In felony cases, the prosecutor serves a grand jury notice, and defense attorneys commonly serve a cross-notice to preserve your right to testify before the grand jury. If the case is presented, the DA must notify your attorney and give you a date and time to testify. Whether you should testify is a serious strategic decision: testimony is given under oath, can be used against you later at trial, and waives your Fifth Amendment right against self-incrimination for that testimony. In rare cases, a grand jury declines to indict; under limited circumstances, the prosecutor may re-present.

Under New York’s speedy-trial rules (CPL § 30.30), in a felony case, the prosecution generally must be ready for trial within six months — which requires a valid indictment — subject to certain tolling. If it is not, the case may be subject to dismissal on speedy-trial grounds. (A separate rule, CPL § 180.80, can require your release from custody if the case is not moved forward within roughly six days.)

Converting the Complaint (Misdemeanor Cases)

For a misdemeanor or violation, the prosecution must convert the accusatory instrument from a complaint into an information by obtaining a supporting deposition — a sworn statement from the complaining witness confirming the information is true. For a Class A misdemeanor, the prosecution generally has about 90 days (subject to tolling) to be ready; shorter periods apply to lesser charges such as Class B misdemeanors, violations, and traffic infractions. If the deadline passes without compliance, the case may be dismissed.

Discovery

After the early stages, the case moves into discovery — the prosecution’s disclosure of the evidence it has gathered. Under New York’s discovery statute, prosecutors must turn over a broad range of materials and file a Certificate of Compliance (COC) before they can validly state “ready for trial,” which ties discovery directly to the speedy-trial clock.

Discovery can include police reports, witness and defendant statements, photographs, 911 recordings, audio and video, medical records, and — increasingly central — police body-camera footage. Gathering complete discovery can take months.

Plea Bargaining

Throughout these stages, plea negotiations may be underway — in court on appearance dates, or between dates by phone or email. The prosecutor may extend an offer, and your attorney must convey it to you with a recommendation. As in any negotiation, the first offer is rarely the best.

To negotiate effectively, your attorney needs a complete picture of both the case and you. Factors like employment, professional licensing, immigration status, family circumstances, age, and health can legitimately shape a negotiation. The goal is to reduce charges and reach a sentence acceptable to both sides — avoiding the uncertainty of trial and resolving the case efficiently.

A good attorney pairs zealous advocacy with realistic expectations, weighing the charges, the strength of the prosecution’s case, your record, and the policies of the particular DA’s office. Any plea agreement must be approved by the court. New York City judges usually approve agreed-upon pleas; judges outside the city — for example, in Nassau or Suffolk County — sometimes take a more active role and may impose stricter conditions even when the DA has offered a favorable deal.

Taking the Plea and Sentencing

Once a plea is approved, the court conducts a plea allocution, asking questions to confirm the plea is knowing, intelligent, and voluntary — and often that you committed the offense. The court is also required to advise that, if you are not a U.S. citizen, a plea may carry negative immigration consequences, and to confirm you discussed this with your attorney.

After the plea comes sentencing:

• In a misdemeanor case without jail or probation, the court often waives the Presentence Investigation Report (PSR) and sentences immediately.
• If jail or probation is involved, the court usually orders a PSR from the Probation Department and adjourns for sentencing.

In New York, the plea typically predetermines the agreed sentence. But when sentencing does not immediately follow the plea, the judge sets conditions: lead a law-abiding life, avoid new arrests, cooperate with probation, and return for sentencing. Meet them, and the court honors its commitment. Violate them — a new arrest or a missed date — and the judge may withdraw the promised sentence and impose any sentence allowed by law, without letting you withdraw your plea.

If There Is No Plea: Motions, Hearings, and Trial

When no agreement is reached, the case continues:

Motions. After discovery, the defense may file written motions seeking relief — common examples include a motion to dismiss for facial insufficiency, a motion to dismiss for a speedy-trial violation, and motions to suppress or preclude statements, physical evidence, or identification procedures. Outright dismissal on motion is uncommon but possible.

Hearings. More often, the court denies dismissal but orders hearings on the admissibility of specific evidence — such as your statements, physical evidence, or police-arranged identifications.

Trial. If the case still isn’t resolved, it proceeds to a jury or bench trial. The right to a jury trial belongs to every person regardless of immigration status, with a narrow exception: Class B misdemeanors in New York City may be tried by a judge alone. There is, however, an important wrinkle for non-citizens — under People v. Suazo (N.Y. Court of Appeals, 2018), a non-citizen charged with a Class B misdemeanor in New York City who shows that the charge carries a potential penalty of deportation is entitled to a jury trial under the Sixth Amendment, despite the usual bench-trial rule. A defendant may also waive a jury and, with the judge’s permission, choose a bench trial — done rarely, usually in highly technical cases or where the allegations are so disturbing they might emotionally sway a jury.

Collateral Consequences — Why the Outcome Matters So Much

Both an arrest and a conviction carry consequences far beyond the courtroom:

• Professional licenses: An arrest alone can trigger suspension — Home Health Aides (HHA) and TLC-licensed drivers are commonly suspended on the arrest, before any conviction.
• Immigration: Any pending immigration application typically must wait for the criminal case to resolve, and a conviction can lead to deportation for non-citizens.
• Driving: DWI and certain other charges can suspend your license — and a CDL holder’s commercial license as well.
• Orders of protection: Some charges, especially domestic violence, carry a mandatory order of protection; a final order can exclude you from a home even if you own it.
• Future exposure: A conviction — particularly a felony — can permanently disqualify you from certain jobs and dramatically increase the charges and sentence you face if you are ever arrested again.

The flip side is worth knowing: a favorable outcome can limit these consequences. A dismissal is generally sealed under CPL § 160.50, and certain past convictions may now be sealed automatically over time under New York’s Clean Slate Act or by motion under CPL § 160.59. Whether and when sealing applies depends on the charge and your history — another reason the way a case is resolved matters as much as that it is resolved.

This is why it is critical to understand a plea agreement and all of its consequences before pleading guilty. Once a case is over, withdrawing or vacating a plea and sentence is very difficult.

Frequently Asked Questions

How long does a criminal case take in New York? It varies widely — from a single appearance resolved at arraignment to many months when discovery, motions, hearings, or a trial are involved. Felony cases and contested matters take the longest.

What is the difference between a felony and a misdemeanor in New York? A felony is a crime punishable by more than one year of incarceration and may involve a grand jury and indictment. A misdemeanor carries up to 364 days and proceeds by complaint converted into an information.

Will I get bail at arraignment? For most misdemeanors and non-violent felonies, judges must release you on recognizance or non-monetary conditions and cannot set cash bail. Bail or remand is reserved for certain serious qualifying offenses.

What is a Certificate of Compliance, and why does it matter? The prosecution certifies that it has met its discovery obligations under CPL 245. The prosecution generally cannot be “ready for trial” — stopping the speedy-trial clock — without a valid one, which is why discovery is central to the defense.

Should I testify before the grand jury? Sometimes, but it is a serious decision made with your attorney. Grand jury testimony is under oath, can be used against you at trial, and waives your Fifth Amendment right as to that testimony.

Do I have to let the police into my home or answer their questions? Generally, no. You have the right to remain silent, and absent a warrant or an emergency, you are not required to let police into your home. The safest course is to stay calm, decline to answer questions, and contact a criminal defense attorney before saying anything.

Can my record be sealed or cleared in New York? Sometimes. A dismissal is generally sealed under CPL § 160.50, and certain convictions may be sealed by motion (CPL § 160.59) or automatically over time under the Clean Slate Act. Eligibility depends on the specific charge and your history, so it is worth asking an attorney what applies to you.

Can a criminal arrest affect my immigration status or professional license? Yes. An arrest alone can suspend certain licenses (such as HHA or TLC) and can pause immigration applications, and a conviction can carry severe immigration consequences, including deportation. How the case is resolved is critically important.

Contact a New York Criminal Defense Attorney

Understanding the road ahead is the first step; having an experienced advocate walk it with you is the next. From arrest and arraignment through discovery, plea negotiations, and trial, the decisions made at each stage shape the outcome of your case — and your future. The criminal defense attorneys at Sharifov & Associates, PLLC are ready to protect your rights at every step.

Contact Sharifov & Associates, PLLC, today for a confidential consultation. 516-505-2300  or 718-368-2800

Attorney Advertising. This article is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. Laws change, and every case is different; for advice about your specific situation, consult a licensed New York attorney. Prior results do not guarantee a similar outcome.