A Primer on the New York State Criminal Justice System

We begin with the arrest. In cases of stop-and-frisk, traffic violations, and other situations of immediacy, reasonable suspicion, a low standard, is enough for a police officer to arrest you. In other cases, for example our case of arson, probable cause is needed to arrest. This means there must be a fair amount of proof to suspect someone has committed a crime. In this case, authorities used surveillance cameras.

During arrest, the crime is categorized as a violation, a misdemeanor, or a felony as per the New York State Penal Code. If it is a violation, say a mere running of a red light, the police officer will issue a desk appearance ticket, requiring you to appear in court at a specified date, time, and courthouse. If it is a misdemeanor or a felony, the officer must file a misdemeanor or felony complaint in the jurisdiction's criminal court. In this case, it is the Manhattan Criminal Court. A police officer is required to read your Miranda rights, that is the right to remain silent and the right to an attorney (if you cannot afford one, the state will provide one for you). It is recommended that you have a lawyer to work through the process because anything you say can and will be used against you.

In a criminal case, the two sides are the prosecution and defense. The state is reprimanding a defendant for a crime, not suing for money. Thus, here, it is not Stuyvesant that is suing Hassan; it is a criminal case that would be marked New York v. Hassan. However, Stuyvesant or the Department of Education may choose to sue Hassan for damages in a civil case if they wish, but that is unlikely. If Hassan is acquitted, he can sue the school for money lost in going through the legal process or for the possible wrongful suspension or expulsion.

If you are charged with a misdemeanor or a felony, you are held in jail and within 24 hours, must appear before a judge to hear your charges (this is the writ of habeas corpus). The prosecutor, the lawyer representing the state, consults with the officer who arrested you to determine what the charges are. If the prosecutor finds that there is not enough evidence to prove you committed a crime, you are released. Otherwise, you are required to attend the arraignment with a lawyer to hear your charges.

During the arraignment, you plead guilty or not guilty. The prosecutor and your defense attorney may work out a plea bargain, an attempt to settle your case by exchanging a guilty plea for a lighter sentence, which is ultimately determined by the judge with consideration of the prosecutor's recommendations. If you do not want a trial, you may plead guilty.

If you plead not guilty, the judge sets bail. Bail is set to ensure that you will show up for your trial. The judge may set a bail that requires you to pay up front and then receive the money back when you appear in court or you may opt for a bail bonding company to foot some of the bill. The judge may also decide to let you go on recognizance if he or she believes you will show up in court. If the judge believes you are a danger to society, as in cases of murder, you will be remanded and be held in jail during the trial. Bail follows the principle of presumption of innocence, that you are innocent until proven guilty. During the trial, you are allowed to continue with daily life and have the same rights as everyone else, as long as you continue to appear in court.

In felony cases, the next step in the legal process is the grand jury hearing. A grand jury is made up of 16 to 23 people who decide whether or not there is enough evidence to put you on trial. During a grand jury hearing, you have the right to testify while your lawyer must remain silent. The hearing consists of a cross-examination conducted by the prosecutor with questions from the grand jury. If the grand jury agrees there is enough evidence for a trial, your case moves to the New York State Supreme Court, where felony cases are heard. If they feel there is no evidence to try, you will be released.

Whether the charge is a misdemeanor or a felony, the trial is the same. There are opening statements, direct examination, cross-examination, presentation of evidence, and a decision by a jury (a verdict). In felony cases, juries consist of 12 peers. In class A (high-level) misdemeanors, six jurors are chosen. In class B (low-level) misdemeanors and violations, defendants are tried by a judge. In Hassan's case, his charges included fifth-degree arson (a class A misdemeanor), attempted second-degree arson (a felony), and reckless endangerment (most likely a class A misdemeanor).

A jury's verdict must be unanimous. Their sole purpose is to determine whether a defendant is guilty or not guilty. If the jury cannot come to a decision, it is known as a hung jury; the judge declares a mistrial and the prosecutor will decide whether or not to seek another trial. If the jury finds you not guilty, you are acquitted and can never be charged for those crimes again by New York State court.

If you are found guilty, you have been convicted and the judge will determine a sentence. Sentences vary based on the background of the defendant and the circumstances of the crime. In each class of offense, there is a maximum that judges can order. For violations, jail time cannot exceed 15 days. For misdemeanors, jail time cannot exceed a year. For felonies, jail time must be at least one year. If you have several charges, you may have a combination of concurrent and consecutive sentences, that is a combination of punishment running at the same time and one after another. Jail time is not the only option for sentencing. Probation and community service, among others, can also be sentences.

In New York State court, those who commit a felony when they are 13, 14, or 15 years old are sentenced as juvenile offenders. If you are 13, 14, 15, 16, 17, or 18 years old, you may also be entitled to sentencing as a youthful offender. This means that if Hassan is convicted, the offense would not appear on his record and he may be entitled to lower sentencing.

Ultimately, the justice system, from law enforcement to procedural due process, is afforded to us by the government, not to constrain us as human beings, but to protect us as citizens.

Source: The New York State Criminal Justice System Handbook