New York Criminal Case Timeline: From Arrest to Final Disposition

An arrest or police investigation can create urgent questions about custody, bail, court dates, employment, immigration status, and family responsibilities. This guide explains the usual stages of a New York criminal case in New York City and Long Island. It is general information, not a prediction of what will happen in any individual matter.

Sharifov & Associates, PLLC represents people facing misdemeanor and felony allegations in New York City and on Long Island. If you have been arrested, received an appearance ticket, or learned that police want to speak with you, you can contact the firm for a confidential consultation. You may also review our New York City criminal-defense services, Nassau County criminal-defense services, and the criminal matters our firm handles.

For a focused explanation of misdemeanor classifications, local-court procedure, trial rights, and sealing, review the firm’s New York misdemeanor defense guide.

Arrest and police contact in New York

For a quick overview of the first hours, see what happens after an arrest in New York.

Arrest without a warrant. Police may arrest someone without a warrant for an offense committed in the officer's presence, or for a crime when the officer has reasonable cause to believe the person committed it. 1

Arrest with a warrant. A court can issue an arrest warrant once a valid charging document is filed. 3

Arrests at home. Your home has extra constitutional protection. To make a routine arrest, police generally cannot enter your home without a warrant or your consent unless there is an emergency. 2 A warrant allows police to arrest you in your own home. Entering someone else's home requires additional legal steps. 4

If a detective contacts you. A detective may ask you to come to a precinct. You may not know whether an arrest is planned or a warrant exists. Consider speaking with a lawyer before agreeing to questioning or making any statement. A lawyer can sometimes arrange a voluntary surrender. That does not guarantee a faster arraignment, release, a particular bail amount, or a better result.

After an indictment. How you are brought to court depends on your situation: 5

• If you are in custody on the same case, the court directs the sheriff to bring you to court.
• If you are out of custody on a felony complaint in the same case, the court notifies you to appear. It can issue a bench warrant only if you then fail to appear.
• If the indictment is the first step in the case, the court usually issues an arrest warrant. At the District Attorney's request, it may instead issue a summons or let the DA direct you to appear, if it is satisfied you will come.

Appearance ticket (DAT) or custody after arrest?

After a warrantless arrest, police may process the person and take one of several paths. In an eligible matter, police may issue an appearance ticket, often called a Desk Appearance Ticket or DAT. The ticket directs the person to appear in court on a specified date. That return date ordinarily may not be more than 20 days after issuance. For offenses requiring fingerprinting, fingerprinting must occur before the appearance ticket is served. 6

For many eligible warrantless-arrest cases, CPL § 150.20 directs police to issue an appearance ticket rather than make a custodial arrest. The statute has important exclusions and exceptions. These include, among other matters, certain serious charges, outstanding warrants, a recent failure to appear, identity or contact-information problems, family-offense cases, Article 130 offenses, cases that may require a protection order, and certain license, health, school-weapon, hate-crime, qualifying-offense, and mandatory-arrest circumstances. Eligibility depends on both the charge and the facts. 7

Custody until court is therefore not the only alternative to a DAT. Following a warrantless arrest, an eligible person may be released after pre-arraignment bail is set and posted, or police must bring the person before a local criminal court without unnecessary delay after required processing. If further inquiry establishes that there is no reasonable cause, police must release the person. 8

Arraignment: the first court appearance

At arraignment, the court advises the defendant of the charges and rights, addresses counsel, takes a plea, and issues a securing order if the case is not immediately resolved. The securing order governs whether the person is released, released with conditions, required to post bail where authorized, or held in custody. 9

A person who remains in custody must be brought before a local criminal court without unnecessary delay after required processing. In many cases, arraignment occurs within about 24 hours, but this is not a universal deadline and timing can vary with the case and court availability. 9

The court may issue a temporary order of protection when statutory requirements are met. In a family-offense case, a prosecutor may request an order, but the judge decides whether to issue it and what terms it will contain. In other criminal cases, the court may issue a temporary order for good cause. 10

Some lower-level cases can resolve at arraignment. Depending on the charge, eligibility, and required consent, possibilities can include a reduced charge, a noncriminal violation, diversion or treatment, or an adjournment in contemplation of dismissal (ACD). An Adjournment in Contemplation of Dismissal (ACD) is a statutory local-criminal-court adjournment available before a guilty plea or trial. It is not a guilty plea, admission of guilt, or conviction. If the case is not restored to the calendar during the statutory period, the charges are deemed dismissed. 11

Release, non-monetary conditions, bail, or commitment

New York’s release law does not turn simply on whether a charge is labeled a misdemeanor, nonviolent felony, violent felony, or domestic-violence case. The controlling question is usually whether the charge is a statutory qualifying offense under the current law.

For a non-qualifying offense, the court must release the person on recognizance unless it finds that recognizance will not reasonably assure return to court. It must then use appropriate non-monetary conditions. For a qualifying offense, the court may order recognizance, non-monetary conditions, bail, or bail with conditions. Commitment to the sheriff’s custody is available only when the qualifying offense is a felony. The court must make an individualized securing-order decision and explain it as the statute requires. 12

If authorized bail is set and posted in the required form, the person is ordinarily released subject to the court’s orders. The court can later review or change the securing order. If bail is not posted, the person ordinarily remains in custody unless the order changes. If a sentence is later imposed, New York law generally credits pre-sentence custody attributable to the charge that produced the sentence, subject to statutory exclusions and rules for concurrent or consecutive sentences. 13

Felony complaints, the Grand Jury, and indictment

A New York felony is an offense for which imprisonment in excess of one year may be imposed. 14 In superior court, a felony prosecution proceeds by Grand Jury indictment or by a Superior Court Information (SCI). An SCI is not available merely because a defendant prefers it. Statutory conditions include that the defendant has been held for Grand Jury action, the District Attorney consents, the charge is not a class A felony punishable by death or life imprisonment, and the defendant executes a court-approved written waiver of indictment with counsel. A felony complaint may also be reduced or dismissed in local criminal court where the law allows. 15

When a person has been arraigned on a pending felony complaint that is the subject of a prospective or pending Grand Jury presentation, the District Attorney must notify the defendant or attorney and allow a reasonable opportunity to exercise the statutory right to request an appearance. To invoke that right, the defendant must serve the District Attorney, before an indictment or direction to file a prosecutor’s information, with a written request to appear and an address for communications. Lawyers may call that request a “cross-notice,” but that is practice terminology rather than the statute’s label. 16

A defendant held in custody on a felony complaint may apply for release on recognizance after more than 120 hours—or 144 hours when a Saturday, Sunday, or legal holiday occurs during custody—if the complaint has not been disposed of and a preliminary hearing has not begun. The court must grant release on that application unless a statutory exception applies, such as delay attributable to or consented to by the defendant, a certified or filed Grand Jury outcome, or compelling good cause. This rule is not an automatic dismissal of the case. 17

A New York Grand Jury consists of 16 to 23 people. At least 16 must be present for valid proceedings, and at least 12 must concur to indict. An indictment is authorized only when the evidence is legally sufficient to establish that the person committed the offense, including any legally required corroboration, and competent and admissible evidence provides reasonable cause to believe the person committed it.18 CPL § 190.65

A person who elects to testify under this procedure must sign and swear to a written waiver of Grand Jury immunity before testifying. The person then testifies under oath and may be examined by the prosecutor and questioned by Grand Jurors. The waiver gives up important protections against self-incrimination and Grand Jury immunity. A qualifying witness may have counsel present to advise, but counsel may not question witnesses, object, or otherwise participate in the proceeding. 19

If the Grand Jury finds that the evidence is not legally sufficient to establish the charged crime or any other offense, or is not satisfied that reasonable cause exists as to the charged crime or any other offense, it must dismiss the charge—often called a “no true bill.” If the statutory evidence standard is met for a non-felony offense, the Grand Jury may instead direct the filing of a prosecutor’s information. A decision not to indict on a felony therefore does not always end every potential charge. After dismissal, the People may re-submit that charge only if the court authorizes or directs it; a second dismissal bars another Grand Jury submission of that charge.20 CPL § 190.75

Misdemeanor complaints and conversion to an information

Many misdemeanor cases start with a misdemeanor complaint, which may contain hearsay allegations. Ordinarily, the complaint must be replaced by, or validly converted into, an information before the prosecution proceeds, although a defendant may waive prosecution by information. For local-court readiness under CPL § 30.30, the prosecutor must certify that each count satisfies the facial-sufficiency requirements or that deficient counts have been dismissed. 21

One common way to convert a hearsay-based complaint is a verified supporting deposition from a person with facts supporting the charge, often a witness or alleged victim. A supporting deposition is not simply a repeat statement by the accusatory instrument’s complainant. The resulting information must contain nonhearsay allegations that establish every element of the offense and the defendant’s commission of it. 22

An unconverted misdemeanor complaint generally cannot serve as the basis for prosecution unless the defendant waives prosecution by information, and a facially insufficient instrument or count may be challenged by motion. In local criminal court, CPL § 30.30(5-a) requires the prosecutor's readiness statement to be accompanied by a certification that each count is facially sufficient or that insufficient counts have been dismissed; the effect of a defect found later depends on the case. A statutory speedy-trial dismissal instead depends on the applicable readiness period, excludable time, procedural history, and other facts. 23 CPL § 30.30

New York speedy-trial readiness rules (CPL § 30.30)

CPL § 30.30 is commonly called New York’s statutory speedy-trial law, but it generally measures the time in which the prosecution must be ready for trial. It is not a fixed deadline to complete a trial. The clock generally begins when the first accusatory instrument is filed. Appearance-ticket matters have a special commencement rule, and statutory exclusions can materially change the calculation. 24

Most serious charged offense	Statutory time for prosecution readiness
Any felony	Six months
Misdemeanor punishable by more than three months, with no felony charged	90 days
Misdemeanor punishable by no more than three months, with no more serious crime charged	60 days
Violation, with no crime charged	30 days

The category depends on the charged offense and its authorized sentence, not solely on labels such as “Class A” or “Class B.” The listed readiness periods do not apply to the specific homicide offenses enumerated in CPL § 30.30(3)(a), though other speedy-trial protections may still apply. If the People are not ready within the applicable time after exclusions, the defense may move to dismiss. These calculations are fact-intensive. 23

Discovery: obtaining and reviewing the evidence

New York’s Article 245 discovery rules generally require the prosecution to disclose listed material within its statutory control. Covered material can include relevant police reports and witness statements, covered statements by the defendant, photographs, electronic recordings such as 911 calls and relevant video, and specified examination or testing records. The statute does not create a blanket rule requiring immediate disclosure of every medical record. It also requires expeditious disclosure of information that tends to negate guilt, mitigate culpability or punishment, support a defense, impeach a prosecution witness, undermine identification, or support suppression. 25

Initial discovery is due as soon as practicable and ordinarily no later than 20 calendar days after arraignment when the defendant is in custody during the case, or 35 calendar days after arraignment when the defendant is not in custody during the case. Statutory stays and court-ordered modifications can apply; disclosure duties continue if additional material is learned later. Official source

Absent an individualized finding of special circumstances, the People generally cannot be deemed ready under CPL § 30.30 until they file a valid Certificate of Compliance (COC). A valid COC represents that, after due diligence, good faith, and reasonable efforts, the prosecution disclosed all known discoverable material it has obtained, identified what it provided, and identified known required material it could not obtain despite due diligence. Since the August 2025 amendments, courts assess diligence based on the totality of the prosecution’s efforts and statutory factors. Challenges to a COC are governed by specific procedural and timing rules that can depend on the case’s posture. 26 27

Plea negotiations and sentencing in a criminal case

Plea discussions can occur while the case is pending, including while the parties exchange discovery or litigate motions. When the prosecution makes a material plea offer, defense counsel must promptly communicate it and discuss the offer sufficiently for the client to make an informed decision. Whether an offer can change depends on the charges, evidence, timing, the client’s circumstances, and the parties’ positions. 28

A negotiated plea is not final unless the court accepts it. Depending on the proposed plea, the People’s consent and the court’s permission may be necessary. Only the judge imposes sentence. 29

Before accepting a guilty plea, the court must determine from the record that the plea is knowing, voluntary, and intelligent. Courts commonly ask questions about the charge and plea, but New York does not require one fixed script or a factual allocution in every case. 30

Before accepting a felony guilty plea, the court must place an immigration warning on the record: if the defendant is not a United States citizen, the plea may result in deportation, exclusion from admission, or denial of naturalization. Immigration consequences can also be significant in misdemeanor cases. The effect of any plea depends on the exact statute, plea record, sentence, immigration history, and potential relief, so criminal and immigration counsel should coordinate before any plea or other disposition. 31

A presentence investigation report is required before sentencing on a felony. In misdemeanor matters, it is required before certain sentences, including probation subject to waiver rules, jail exceeding 180 days, or consecutive jail terms totaling more than 90 days. The court may order a report in other cases. The parties and court can waive a report only where the statute permits. 32

A court may make a sentencing commitment conditional, such as on appearing for sentencing, cooperating with a required presentence investigation, or avoiding specified new criminal conduct. The conditions should be clear on the plea record. Even then, a promised sentence must remain lawful and appropriate in light of the presentence report and reliable later information. An arrest alone does not establish a breach of a no-new-crime condition; the court must make a sufficient inquiry based on reliable, accurate information before imposing an enhanced sentence under an express plea condition. Before sentencing, plea withdrawal is discretionary and depends on the plea terms and circumstances (CPL § 220.60(3)). 33

Pretrial motions and suppression hearings

The defense can file appropriate pretrial motions while plea negotiations continue. In general, motions are due within 45 days after arraignment and before trial, subject to statutory extensions, exceptions, and good-cause rules. 34

Depending on the case, motions may seek dismissal for facial insufficiency or a readiness violation, or suppression of statements, physical evidence, or police-arranged identifications. For a qualifying suppression motion that is neither summarily granted nor summarily denied, the court must conduct a hearing and make factual findings. 35

Common hearing names describe different issues:

• A Mapp hearing concerns physical evidence.
• A Huntley hearing concerns statements attributed to the defendant.
• A Wade hearing concerns police-arranged, out-of-court identifications.
• A Dunaway hearing addresses probable cause to arrest and is heard with a Mapp, Huntley, or Wade hearing.

A suppression ruling can change what evidence may be used and can affect the course of the case. It does not automatically require dismissal. 36

Trial: jury trial or bench trial

If a case is not resolved by dismissal, diversion, plea, or another disposition, it may proceed to trial. Our separate guide explains the New York criminal jury-trial process in more detail. A felony indictment is ordinarily tried by a 12-person jury. Under current CPL § 340.40(2), a defendant who pleads not guilty to an information charging a misdemeanor in any local criminal court—including New York City Criminal Court for a class B misdemeanor—must be accorded a six-person jury trial unless the right is validly waived. Under CPL § 340.40(4), an eligible youth without a prior conviction or youthful-offender adjudication is tried by a single judge. 37

Except where a first-degree-murder indictment is charged, a defendant may waive a jury and consent to a bench trial. The waiver must be written, personally signed by the defendant in open court in the court’s presence, and approved by the court. The same procedure applies to waiver of a misdemeanor jury trial. Whether to seek a bench trial is a fact-specific legal decision. 38

Collateral consequences:Employment · Driving · Protection Orders · Immigration

A criminal case can have effects outside the courtroom. The consequences depend on the allegation, case record, disposition, professional rules, and the person’s individual circumstances.

Employment and licensing. An arrest, charge, plea, or conviction may affect an employer, license, security clearance, or professional credential. The impact should be assessed under the rules governing the particular job or license rather than assumed from the charge label alone.

Driving privileges. Our New York DWI guide discusses common license issues. For certain pending alcohol- or drug-driving charges, the court must suspend driving privileges while the case is pending when statutory conditions are met. For example, a pending Vehicle and Traffic Law § 1192 charge supported by a chemical test alleging a blood-alcohol content of .08% or more can trigger suspension at arraignment or when the test result reaches the court. The precise result depends on the charge, test results, prior record, and license class. 39

Orders of protection. Our guide to orders of protection and alleged violations provides additional context. In a qualifying pending family-offense case, the court may issue a temporary order of protection. An order may include a stay-away condition covering the protected person’s home, school, or workplace. In another pending criminal case, the court may issue a temporary order for good cause. A final order may be entered at sentencing after a conviction. 10

Immigration. An arrest, charge, plea, conviction, or protection-order issue can affect an immigration matter, but these events do not have the same legal effect. An arrest or charge alone ordinarily does not establish a conviction-based ground of removability or inadmissibility. A plea or other disposition may qualify as a federal conviction only when the INA definition is met; a qualifying protection-order issue requires the separate statutory elements for an order violation. The outcome depends on the exact statute, record, sentence, status, admission history, and available relief. State sealing or rehabilitative relief may not eliminate a federal consequence. Official source

Future criminal cases. A qualifying prior conviction can affect available charges or sentencing only when a later case satisfies a particular predicate-offense or sentencing statute. A future arrest, by itself, does not increase a charge or sentence.

Dismissals, sealing, and New York’s Clean Slate Act

When a criminal action terminates in the accused’s favor, such as through a qualifying dismissal or complete acquittal, New York generally seals the record automatically under CPL § 160.50. Sealing has statutory exceptions and authorized access; it is not the same as destruction or universal invisibility of a record. 40

For a broader overview, see our New York criminal-record sealing guide. New York’s Clean Slate Act provides for automatic sealing of eligible convictions, but the Unified Court System has until November 16, 2027 to complete implementation. Subject to statutory conditions, eligible misdemeanors have a three-year waiting period and eligible felonies have an eight-year waiting period, measured from sentencing or release from incarceration, whichever is later. Pending charges, supervision, later convictions, exclusions, and other statutory conditions can affect eligibility. Sex offenses and most non-drug class A felonies are among the exclusions. Separate, preexisting remedies may be available only in defined circumstances. Clean Slate sealing is not expungement and does not resolve every collateral or immigration consequence. 41

Related articles: what happens at a grand jury and subpoenas in New York.

Speak with a New York criminal-defense lawyer

Early legal guidance can help a person understand the charge, court date, release conditions, discovery, and potential collateral consequences without making promises about a result. Sharifov & Associates, PLLC serves clients from its Brooklyn office and Hempstead office. To discuss an arrest, appearance ticket, investigation, or pending case, contact the firm. You can also visit our resources and case results pages for additional firm information.