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WHAT TO EXPECT IN THE Criminal Court A Guide for Victims of Crime

WHAT TO EXPECT IN THE Criminal Courtfiles.meetup.com/19220431/1305835340_What_to_Expect_in_Crimin… · WHAT TO EXPECT IN THE Criminal Court A Guide for Victims of Crime SH_Criminal_Courts.indd

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Page 1: WHAT TO EXPECT IN THE Criminal Courtfiles.meetup.com/19220431/1305835340_What_to_Expect_in_Crimin… · WHAT TO EXPECT IN THE Criminal Court A Guide for Victims of Crime SH_Criminal_Courts.indd

WHAT TO EXPECT IN THECriminal Court

A Guide forVictims of Crime

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UDear Friend,

At Safe Horizon it is our mission to provide support, prevent violence,

and promote justice for victims of crime and abuse, their families and

communities. Our goal is to provide you with information and resources that

will support you as you engage in the court process. I am pleased to provide

you with Safe Horizon’s What to Expect in the Criminal Court. Being in court

can be confusing. It is important that you know your rights and how the

court system works so that you can make informed decisions. We hope that

you will find this guide a useful first step in that process.

While this information contained can help make your experience in court

easier, it is not a substitute for legal advice. If you need assistance, I urge

you to contact Safe Horizon’s 24-hour Crime Victims Hotline 866-689-HELP

(4357) or visit a Safe Horizon office located in the criminal court buildings

in every borough.

Sincerely,

Ariel Zwang

Chief Executive Officer

Safe Horizon

This handbook was funded by the New York State Crime Victims Board.

Dear Friend

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Table of Contents

INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .page 1

• Howcanthishandbookhelpyou?

HOW DOES A CRIMINAL COURT CASE BEGIN?. . . . . . . . .page 3

• Ifyouthinkthatacrimehasbeencommittedagainstyou,

wherecanyougo?

•Whataresomeofthedifferencesbetweencriminalcourtandfamily

court?

•Whatisanarrest?

•Whathappensafteranarrest?

•WhatisaDeskAppearanceTicket?

•WhatistheCourtDisputeReferralCenter?

•Whatismediation?

WHO WILL YOU MEET IN CRIMINAL COURT? . . . . . . . . .page 8

• Courtofficers

• Assistantdistrictattorneys

• Defenseattorneys

• Judges

• SafeHorizonstaff

HOW CAN SAFE HORIZON HELP YOU IN CRIMINAL COURT?. . . . . . . . . . . . . . . . . . . . . . . . page 10

• HowcanyouobtainassistancefromSafeHorizon’sCriminalCourt

ReceptionCenterstaff?

•WhatisSafeHorizon’sRestitutionProgram?

Table of C

ontents

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ORDERS OF PROTECTION IN CRIMINAL COURT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .page 11

•Whatisanorderofprotection?

• Howcananorderofprotectionhelpyou?

•Whatisthedifferencebetweenanorderofprotectioninfamily

courtandcriminalcourt?

•Whatarethedifferenttypesofordersofprotectionissued

bycriminalcourt?

• Howisanorderofprotectionenforcedbycriminalcourt?

WHAT OTHER SERVICES ARE AVAILABLE TO VICTIMS OF CRIME? . . . . . . . . . . . . . . . . . . . . . . . . . page 13

•Whatformsofcompensationandassistanceareavailabletoyou?

• Howcanyoufindoutifthedefendanthasbeenreleasedonbail?

• Howcanyoukeepyourselfsafe?

SOME IMPORTANT TERMS THAT MAY HELP YOU . . . . . . . . . . . . . . . . . . . . . . . . . . .page 16

RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .page 19

Tab

le o

f C

onte

nts

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Introduction

Introduction

How can this handbook help you?ThisguideispublishedbySafeHorizon,thenation’sleadingnonprofitvictim

assistance, advocacy, and violence prevention organization. It is intended to

assistyouthroughoutthecriminalcourtprocess.Thecriminalcourtsystem

can sometimes be confusing and complicated. You may be confused about

your role and unaware of your rights in a criminal court case. You may not

know who to ask for help or information.

Thishandbookprovidesanswerstocommonlyaskedquestionsanddirects

victims and witnesses of crime to service providers. We hope that the

information contained in this handbook will help empower you to make

safe and informed choices for yourself and your family as you navigate the

criminaljusticesystem.Theinformationthatfollowsshouldnotbeconsidered

asubstituteforseekinglegaladvicefromanattorneyoranyotherqualified

professional.

Theglossaryattheendoftheguideprovidesdefinitionsofwordsandphrases

that you will hear throughout the court process.

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How does a criminalcourt case begin?

If you think that a crime has been committed against you, where can you go?If you believe that you have been the victim of a crime, you can immediately

call 911 or go to your local police precinct. At the precinct you can speak to

a police officer, and someone will take a statement from you. If the crime is

eligible for criminal prosecution the police will conduct further investigation.

If an arrest is made, you will be notified by either the detective or the district

attorney’s office, who may then refer you to Safe Horizon to speak with a case

manager about your rights and options. If you are not referred to Safe Horizon

and would like to speak to someone, you can contact Safe Horizon directly on

the 24-hour Crime Victims Hotline, 866-689-HELP (4357). A case manager

will guide you through the criminal court process and assist you with other

services you may need, for example, obtaining an order of protection.

In the event that the complaint, which is a document that formally charges a

criminal defendant with the charges being brought against him/her, is closed

at the precinct you have another option. You can go directly to the criminal

court in your borough with a copy of the police report and seek assistance at

theCourtDisputeReferralCenter (Please see information on Court Dispute

Referral Centers on page 6).

How

does a criminal court case begin?

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What are some of the differences between criminal court and family court?Criminal court is intended to hold defendants accountable for their actions

when a crime has been committed. This can be done by imposing fines,

issuing orders of protection, ordering the defendant into counseling, or

sentencing him/her to jail time and/or probation. In a criminal case, the

victimfiles a formal complaint and is referred to as the complainant.The

offender is brought to criminal court after an arrest and is referred to as the

defendant. In criminal court, the district attorney’s office is in charge of the

case and can proceed with or without the victim’s participation. If you feel

that proceeding with the case could place you in more danger, be sure to

speak to a staff member at Safe Horizon about your concerns.

Family court has jurisdiction over certain types of matters including juvenile

delinquency,childcustodyandvisitation,childneglect,childsupportand

domestic violence. You can go to family court if you are legally married to,

divorced from, or otherwise related to the defendant by blood, through

marriage,orifyouhaveachildincommon.Recently,thelawhasexpanded

access to civil orders of protection to intimate partners, including dating

couples, same-sex couples and teen-age couples. In cases involving domestic

violence, a case may be open in both family and criminal court. A victim who

goes to family court and files a petition is called the petitioner, and the person

against whom the case is filed is the respondent. Safe Horizon’s handbook on

family court is available through our family court offices (see the back of this

handbook for address and phone number).

What is an arrest?When someone is arrested, he/she is searched, handcuffed, read his/her

Miranda Rights, and brought to the police precinct by a police officer.

Police officers make arrests when they have probable cause to believe that

apersonhascommittedacrimeoraviolation.Thedifferentlevelsofcrime

include misdemeanors and felonies. If a person is charged with a felony or

misdemeanor the officer must file a complaint in criminal court.

How

doe

s a

crim

inal

cou

rt c

ase

begi

n?

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What happens after an arrest?If a person is arrested, he/she will be fingerprinted, photographed, and a

criminal history or rap sheet summarizing any of the defendant’s prior or

pending arrests and convictions will be created. The defendant will then

usually be brought in front of a judge, typically within 24-hours after the

arrest, for an arraignment which marks the first time they appear in court for

the (particular) crime.

In the arraignment part, the criminal defendants are notified of the charges

against them, and informed of their rights. It is possible that the defendant

maybeheldinjail.Dependingupontheseriousnessofthecharge,ajudge

may remand the defendant, set bail, or release the defendant on his/her own

recognizance.Thepurposeofbailistoensurethatthedefendantwillappear

at upcoming court dates. If you believe you have information that may help

the judge or the assistant district attorney in determining bail, you, or a Safe

Horizon case manager can provide this information to an assistant district

attorney. It can be helpful to plan for your safety, and Safe Horizon can help

you create a plan that works for you.

You may choose to be at the arraignment proceeding, although it is not

necessary. At the arraignment you can speak with the assistant district attorney

aboutrequestinganorderofprotection.AcasemanagerfromSafeHorizon

can discuss this option with you and provide you with more information

about the criminal case.

What is a Desk Appearance Ticket?SometimesthepoliceissueaDeskAppearanceTicket(DAT)toadefendant

incasessuchasanonviolentcrimeagainstproperty.Thedefendant isstill

arrested and brought to the police precinct so that his/her rap sheet may

be reviewed. If the defendant has no outstanding warrants and the current

offenseisaminorcharge,thepolicehavethediscretiontoissueaDAT,and

releasethedefendant.TheDATisadocumentthatinformsthedefendantto

appear in court on a specified date and time for his/her arraignment on the

charged offense.

How

does a criminal court case begin?

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What is the CourtDispute Referral Center?CourtDisputeReferralCenters(CDRC)assistspeoplewhowanttomakea

complaintagainstanotherperson(s)whentherehasbeennoarrest.CDRC

staff is available to evaluate a complaint and discuss a variety of options,

includingmediation, for the personmaking the complaint. The CDRCs

are part of the New York City Criminal Court and are located in each of

the five boroughs.On Staten Island, theCDRC is part of theNewYork

Center forInterpersonalDevelopment(NYCID).Typicaldisputesseenby

theCDRCcaninvolveneighbors,employers/employees,landlords/tenants,

consumers,orfamilymembers.TheCDRCcanalsoaddresscasesinvolving

noise, property, harassment, assault, property damage, trespassing, or petty

larceny (property theft).

In some cases, after an evaluation is made, victims are referred to the

district attorney’s office to file a criminal complaint. Thesemore serious

non-arrestcasesarethensentbeforeajudgeforreview.Thecasewillthen

bescheduledtoappearbeforeajudgeonanotherdate.Thishappensafter

the summons and a copy of the order of protection have been served to the

defendantinforminghim/herthatacasehasbegunincriminalcourt.The

victimcanseektheassistanceofthepolicedepartmentinservingtheTOP

and summons to the defendant.

What is Mediation?Another option the courts may offer you is mediation. Mediation is a voluntary

process in which people involved in a dispute meet with a neutral third

party.Thegoalofmediationistoprovideafairenvironmentwherepeople

in conflict candiscuss their concerns in an informalprivatemeeting.The

mediator, an impartial third person, guides the participants through a series

How

doe

s a

crim

inal

cou

rt c

ase

begi

n?

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How

does a criminal court case begin?

ofproblemsolvingstepssotheycanfindtheirownsolutions.Themediator

does not make a decision, like a judge, but rather helps the parties to:

• Discusstheirviewpoints

• Generatenewoptions

• Createeffectivesolutions

Mediation may not be appropriate in certain cases, such as domestic violence.

Problem-solving CourtsNew York City Criminal Courts continue to develop new approaches that

increaseoffenderaccountability andvictimsafety.These initiatives include

communitycourtsthattrytoimprovethequalityoflifeintheneighborhoods

they serve, drug courts that link addicted offenders to treatment instead of

jail, and mental health courts which address the treatment needs of defendants

with mental illness and the public safety concerns of the community.

IntegratedDomesticViolenceCourtsbringrelatedcasesinvolvingthesame

family before one judge in an effort to increase victim safety and offender

compliancewithcourtorders.DomesticViolenceCourtspromotecommunity

collaboration in response to domestic violence and victim safety and access to

court case information, social services, housing, and counseling.

Family Justice CentersFamily Justice Centers are an initiative of the Mayor’s Office to Combat

Violence currently designed to reduce barriers faced by victims of domestic

violencethatareseekinghelp.FamilyJusticeCentersexistinBrooklynand

Queens.Dedicateddomesticviolenceprosecutors,civilattorneys,andsocial

service providers are located all under one roof. Interpretation services are

available for over 150 languages.

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Court OfficersCourt officers are uniformed employees of the court system who ensure the

safety of those working and waiting in the courts. If you experience a problem

with the defendant or one of the defendant’s family members or friends while

in court, you can notify a court officer and ask for assistance.

District AttorneysThe district attorney (DA) is an elected official. The district attorney’s

office represents the people of the State of New York in the prosecution of

criminalcases.Anassistantdistrictattorney(ADA) isa lawyerwhoworks

for the district attorney’s office and is the actual person who will be in court

prosecuting the case.

Defense AttorneysAdefenseattorneyisalawyerforthedefendant.Thedefendanthastheright

tohavelegalrepresentationincourt.Defendantsmayhireaprivatelawyer.If

they cannot afford to hire a lawyer, the court will appoint one for them.

Who will you meetin criminal court?

Who

will

you

mee

t in

cri

min

al c

ourt

?

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JudgesEach court has an assigned judge who presides over the case in criminal

courtandmakesfairandimpartialdecisions.Thejudgehearsthefactsofthe

case and makes decisions in accordance with the law, based on information

supplied by the assistant district attorneys and defense attorneys.

Safe Horizon StaffSafe Horizon staff is available in criminal court offices in all five boroughs to

provide important information that can make things easier for you and your

family. Safe Horizon staff can assist you in planning for your safety and the

safety of your family. Safe Horizon staff can provide you with information

about the court process, and information about orders of protection. We can

help you obtain restitution, and advocate for you within the court system.

Safe Horizon staff is there to listen and help you cope with crisis. We can also

provide assistance with transportation and other practical needs.

Who w

ill you meet in crim

inal court?

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How can Safe Horizon helpyou in criminal court?

How can you get assistance from Safe Horizon’s Criminal Court Reception Center staff?If you are a victim or a witness to a crime, you are eligible to visit Safe

Horizon’sReceptionCenters, located in criminal courthouses inBrooklyn,

Staten Island, Queens, and the Bronx. In Manhattan Criminal Court, crime

victims can receive help from the Witness Aid Program if there has been an

arrest.SafeHorizon’sCriminalCourtReceptionCentersprovideasafeplace

for victims and witnesses to wait until their case is called before the judge.

Safe Horizon staff understands that a victim or witness may feel intimidated

by the court system and overwhelmed by the experience of the criminal

justice process. There are casemanagers and client advocates available to

assistyouwithquestionsyoumayhaveaboutyourcaseortheservicesfor

which you may be eligible, such as assistance with relocation, transportation,

food, and crisis intervention.

What is Safe Horizon’s Restitution Program?If you are a victim of domestic violence, assault, robbery, theft, property damage,

or if someone has refused or withheld payment from you for a service that you

provided,youmaybeeligibletoseekrestitutionincriminalcourt.Restitution

isacourtorderrequiringthedefendanttofinanciallycompensatethevictim

for a loss as a result of the crime. If you think restitution may be appropriate

in your situation, and the defendant(s) has been arrested, you can speak to the

assistant district attorney about your case. It is then up to the assistant district

attorney tomakearequest for restitution toa judgeonyourbehalf. If the

judge orders restitution, Safe Horizon will notify you of the amount, collect

payment on your behalf, and alert the court or, if applicable, the New York

DepartmentofProbationifthedefendantfailstomakepayments.

How

can

Saf

e H

oriz

on h

elp?

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Orders of protection

Orders of protectionin criminal court

What is an order of protection?Also referred to as a restraining order, an order of protection is a written

document issued by a judge that provides written directives that are intended

to help protect you from abusive or harassing behavior by the defendant for

a specified period of time.

How can an order of protection help you? An order of protection cannot guarantee your safety.

Some of the ways it can help is by:

•Orderingthedefendanttostopabusing,threatening,orharassingyouand

your children.

•Orderingthedefendanttostayawayfromyourhome,

school, workplace, and family.

•Orderingthedefendanttohavenocontactwithyou,includingnophone

calls, letters, emails, or messages through other people.

•Orderingthedefendanttostayawayfromyour

children, their childcare center, or school.

•Orderingthedefendanttosurrenderanyfirearmsownedorpossessed.

What is the difference between an order of protection in family court and criminal court?

Depending on your particular situation, you may want to get an order of

protection in criminal court, family court, or both. In order to receive an order

of protection in criminal court, there must be a pending criminal case. A family

court order of protection can protect you in ways similar to a criminal court

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order of protection. However, an order of protection in family court can also

address issues of custody, visitation, child support, and division of property,

(see page 4 for more information on the differences between criminal and family

court).

What are the different types of ordersof protection issued by criminal court? Temporary orders of protection are usually issued at the criminal court

arraignment and are extended from court date to court date until a final order

of protection is issued or the order is no longer continued.

Final orders of protection are issued by the judge at the end of the court case.

TherearenopermanentordersofprotectionintheStateofNewYork,but

the duration of a final order can range from six months to eight years. After

the expiration date, an order of protection cannot be extended or renewed

without a new court case.

Full orders of protection are often referred to as exclusionary restraining

orders.Thismeansthatthedefendanthastostayawayfromthecomplainant,

his/herhome, school, oroffice.Thedefendantmust also refrain fromany

abuse, harassment, or threatening behavior against the complainant.

Limited orders of protection are similar to full orders of protection with

the exception that the defendant can have contact with the complainant.

The defendant cannot, however, assault, threaten, menace, or harass the

complainant or his/her family.

How is an order of protectionenforced by criminal court?Youmaywanttocarryyourorderofprotectionwithyouatalltimes.That

way, if you need to call the police to report a violation, you can show the

police the copy of the order. It is up to you to report a violation of an order of

protection to the police or the district attorney’s office. A violation of an order

of protection is a separate offense for which the defendant can be arrested.

Violationsofordersofprotectionarestrictlyenforcedbythecourt.Theyare

serious offenses and can be punished by jail, probation, or fines. A violation

can also result in the criminal court case being reopened.

Ord

ers

of p

rote

ctio

n in

cri

min

al c

ourt

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What other services are available to victims of crime?

What other forms of compensation and assistance are available to you?As a victim of crime, you have a right to certain kinds of compensation and

assistance.TheCrimeVictimsBoardisaNewYorkStateagencythathelpscrime

victims recover from their victimization through financial compensation and

otherformsofassistance.TheCrimeVictimsBoardmaybeabletoreimburse

youfordirectout-of-pocketexpensesincurredasaresultofthecrime.These

expenses may include repair or replacement of essential personal property,

loss of earnings, medical or hospital bills, counseling or therapy expenses,

travel expenses, crime scene clean-up, and certain security or safety devices.

A claims adjuster will determine the amount and extent of your claim. If

you feel that you may be eligible and would like to apply, or if you have any

questionsconcerningtheCrimeVictimsBoardapplicationprocess,youmay

speak to a Safe Horizon staff member for information and assistance with the

application process, including preparing the claim form and affidavit.

How can you find out if the defendant has been released on bail?

New York State has established Victim Information and Notification Everyday

(VINE) that provides information and release notification to victims about

inmatesinthecustodyoftheNewYorkCityandNewYorkStateDepartmentof

Corrections. VINE was created to give victims easier access to this information

by allowing them to register for notification by telephone when the defendant

is released from custody. For more information or to register for VINE, you

may speak to a Safe Horizon staff member or call the VINE toll-free 24-hour

number at 1 888 VINE 4 NY, or visit the website at www.vinelink.com.

Other services

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How can you increase your safety? Many people who have been the victim of a crime are concerned about their

safety. Safe Horizon is committed to recognizing the impact of violence on

our clients’ lives and working with them to achieve safety, stem the effects of

violence, and prevent future violence.

One of the things that Safe Horizon can do is work with you in developing

a plan to address your safety concerns. A Safe Horizon staff member would

discuss your situation with you, helping you to identify the areas you are

concerned about, and would offer you information about potential options

toaddressyourconcerns.Thestaffpersonwouldthenassistyoutodevelop

a plan that works for you.

Thisguidebookhasalreadydiscussedsomeofyouroptionsasacrimevictim,

all of which Safe Horizon can assist you in pursuing.

Theseinclude:

Calling 911 or reporting to the police, which may result in an arrest of the •

offender. Calling 911 also provides you with documentation of the crime.

Seeking a Family Court order of protection, which may include •

provisions for child support, custody, visitation, and removal of

firearms, as well as orders for no contact, removal from the home, and

nofurtherabuse.Thisalsoprovidesdocumentationofthesituation.

AssistingtheDistrictAttorney’sofficewithprosecution,which•

may result in the jailing of the offender, as well a restitution

award, or the issuance of a Criminal Court order of protection.

Obtaining a Criminal Court order of protection (through a •

criminalcourtcaseorbyfirstseekinghelpfromtheCourtDispute

ReferralCenter),whichmayresultincourt-orderedreferral

to a batterer’s accountability program and/or substance abuse

treatment, removal of firearms, and restitution, as well as orders

fornocontact,removalfromthehome,andnofurtherabuse.The

order of protection also provides documentation of the crime.

Reportingviolationsofanexistingorderofprotectionto•

thepoliceortheDistrictAttorney’sOffice,whichmay

result in the arrest and jailing of the offender.

Wha

t ot

her

serv

ices

are

ava

ilabl

e?

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Seeking Crime Victim’s Board claim assistance, which may result •

in reimbursement of costs from the crime, including hospital bills,

replacement of stolen or damaged property, and counseling costs.

Seeking mediation.•

Obtaining a 911 cell phone to use in an emergency.•

Some other common options that crime victims may be interested in are:

Seeking medical attention for injuries resulting from the crime. •

(Thismayalsobeusefulinprovidingdocumentationofthecrime.)

Relocatingtoanewhomeforsafetyreasons,goingtoan•

emergency shelter, or staying with friends or family.

Increasing safety in the home through a lock change, security measures, •

or a police escort for yourself or the offender to obtain belongings safely.

Planning what to do in case the offender harasses, assaults, or hurts you.•

Finding someone to talk to about your experience and give you support •

(a friend, family member, counselor, someone in your community).

Seeking strategies for coping with your memories, •

reactions, or feelings about the crime.

Developingaplantoescapeifyouneedto(packinganemergencybag,•

planning your escape route, setting up a code with family members).

Planning for your safety at work, in your neighborhood, •

or while traveling from one place to another.

Obtaining practical assistance to address practical needs (for food, •

transportation, clothing, household goods) resulting from the crime.

If you are interested in any of these options, Safe Horizon can help you

explore them and work with you to come up with a plan that fits your specific

situation. If you are concerned that you may have trouble pursuing an option,

Safe Horizon can help address barriers. It may be that there is a low cost or

free option available, or that staff can advocate on your behalf or strategize

with you to address the barriers you are worried about.

We can work together to address your safety concerns.

What other services are available?

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Some important termsthat may help you

Adjournment in contemplation of dismissal (ACD):Thecaseisadjourned

and the charge is automatically dismissed if the defendant meets conditions

set forth by the charges against him/her in court and is not re-arrested again

within a set period of time.

Adjournment: A postponement of a criminal court case.

Arraignment: A court proceeding at which a defendant is formally informed

of the charges against him/her.

Arrest:Theactofbeingtakenintocustodybythepoliceforcommittinga

crime.

Assistant district attorney:Thelawyerfromthedistrictattorney’sofficewho

represents the people of the State of New York and who appears in court to

prosecute the case.

Bail: Money paid to the court in exchange for a defendant’s release from jail.

Since the money is returned to the defendant if the defendant appears in

court, it is meant to ensure the defendant’s appearance at future court dates.

Bail may also be in the form of a bond (see below).

Beyond a reasonable doubt:Thestandardofproofinacriminalcourtcase.

Bond: A form of bail usually referring to the guarantee issued by an insurance

company or other certified person that the defendant will appear in court. In

this instance, the defendant does not need to pay money to the court, but a

smaller amount of money is paid to the insurance company.

Conditional Discharge (CD): a sentence in which the defendant is released

without a prison or probation sentence. However, some conditions are

set which must be fulfilled during the term of the discharge (1 year for a

misdemeanor and 3 years for a felony).

Impo

rtan

t te

rms

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Conviction: A finding of guilt of an offense following either a guilty plea or

a trial verdict.

Cross-examination:Alineofquestioningofawitnessbyanylawyerother

than his/her own.

Defendant: A person who has been charged with an offense.

Desk Appearance Ticket (DAT): A document that charges a person with a

crimeorviolationandrequiresanappearanceataspecificcourtataparticular

date and time.

Direct examination:Alineofquestioningofawitnessbythelawyerwho

called the witness to testify.

Evidence:Testimonyandexhibitsintroducedatahearingortrial.

Felony: An offense punishable by a sentence of imprisonment of more than

one year.

Fine:Asentencethatrequiresthepaymentofmoney.

Grand Jury: A group of 23 citizens who decides if there is enough evidence

to pursue felony charges against a defendant.

Hearing: A court proceeding at which testimony is given, exhibits are

reviewed, and/or legal arguments are made to help a judge decide a case.

A hearing is not a trial. It is only at the trial that the defendant’s guilt or

innocence is determined. Typically, hearings are held to determine what

evidence may be introduced at a trial against the defendant.

Indictment: A document that contains the felony (and perhaps also

misdemeanor)chargesthatwerevotedonbytheGrandJury.

Jurors (jury): A group of citizens selected and sworn to hear evidence in a

trial who decide if a defendant is guilty or not guilty of charges.

Misdemeanor: An offense punishable by up to one year in prison.

Objection:Arequesttoajudgeforanorderprohibitingorexcludingcertain

evidence.

Important term

s

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Order of protection: A written document issued by a judge intended to help

protect the complainant from abusive or harassing behavior by the defendant

for a specified period of time.

Petitioner: A victim who goes to family court and files a petition, which is a

formalwrittenapplicationrequestingthecourtforaspecificjudicialaction.

Plea bargain: An agreement between a defendant, a judge, and an assistant

district attorney, in which the defendant admits guilt to a less serious charge

in exchange for an agreed-upon sentence.

Plea: The defendant’s answer to the charge against him/her: guilty or not

guilty.

Post bail: Pay bail money or put up a bond.

Probable cause:Theamountofproofthepolicemusthaveinordertomake

anarrest.Thepolicemusthaveenoughevidencetoprovethatitismorethan

likely that the defendant committed the crime.

Probation:Asentencethatdoesnotinvolveprisonbutrequiresthedefendant

to be placed under the supervision of theDepartment of Probation for a

specified period of time.

Rap sheet: A document containing a criminal history of the defendant’s prior

or pending arrests and convictions.

Release on One’s Own Recognizance (ROR):Tobereleasedfromjailwhilea

case is pending without paying any money to the court. A judge takes many

factorsintoaccountwhensettingbail.Thesefactorsincludethedefendant’s

ties to the community (how long he/she has lived here, employment, marital

status, children, and relatives), seriousness of the offense, and likelihood of

conviction. Sometimes, taking all these factors into account, a judge may

decide not to set bail and release the defendant.

Impo

rtan

t te

rms

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CRIMINAL COURT PROGRAMSSafe Horizon Programs

Bronx Criminal Court Program

215East161stStreet,Room3-34

Bronx, NY 10451

718-590-2364

Brooklyn Criminal Court Program

120 Schermerhorn Street, 6th floor

Brooklyn, NY 11201

718-834-7476

Queens Criminal Court Program

120-55QueensBoulevard,RoomG-6

KewGardens,NY11424

718-286-6730

Staten Island Criminal Court Program

67TargeeStreet,RoomB12

Staten Island, NY 10304

718-727-7555

Other Programs and Resources

Witness Aid Service Unit (WASU)

100CentreStreet,Room231

New York, NY 10013

212-335-9938

CITYWIDE HOTLINES

Safe Horizon

24 hour Crime Victims Hotline

866-689-HELP (4357)

Safe Horizon

DomesticViolenceHotline

1 800-621-HOPE

Safe Horizon

Rape,SexualAssault&IncestHotline

212-227-3000

New York Immigration Hotline

1-800-566-7636

VictimInformation&

Notification Everyday (VINE)

1 888 VINE 4 NY

www.vinelink.com

NewYorkPoliceDepartment

Special Victims Liaison Unit

SexCrimeReportHotline

212-267-7273

Crime Victims Hotline

866-689-HELP

CITYWIDE PROGRAMSSafe Horizon Programs

Safe Horizon Counseling Center

180 Livingston Street, 3rd floor

Brooklyn, NY 11201

347-328-8110

Safe Horizon

DomesticViolenceLawProject

210JoralemonStreet,Suite608

Brooklyn, NY 11201

718-834-7430, Ext. 10

Resources

Resources: C

itywide

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Other Programs and Resources

Barrier Free Living

270 East Second Street

New York, NY 10009 9991

212-677-6668

212-533-4632(TTY)

JewishBoardofFamily&

Children’s Services, Inc.

120 West 57th Street

New York, NY 10019

212-582-9100

TheNewYorkCityGayandLesbian

Anti Violence Project

240 West 35th Street, Suite 200

New York, NY 10001

212-714-1184

24-hour Hotline 212- 714-1141

Sanctuary for Families

P.O. Box 1406

Wall Street Station

New York, NY 10268

212-349-6009

New York City Alliance

Against Sexual Assault

27 Christopher Street, 3rd floor

New York, NY 10014

212-229-0345

TheCenterforCourtInnovation

www.courtinnovation.org

BRONXSafe Horizon Programs

Bronx Civil/Housing Court

Children’s Center

1118GrandConcourse,RoomC24

Bronx, NY 10456

718-466-3010

Bronx Criminal Court Program

215 East 161st Street, 3rd Floor

Bronx, NY 10451

718-590-2355

Bronx Family Court Children’s Center

900SheridanAvenue,Room790

Bronx, NY 10451

718-681-6618 / 6619

Bronx Family Court Program

900SheridanAvenue,Room6E38

Bronx, NY 10451

718-590-2371

Bronx Community Office

2530GrandConcourse,7thFloor

Bronx, NY 10458

718-933-1000

Bronx Domestic ViolencePolice Programs

40 Precinct

257 Alexander Avenue

Bronx, NY 10454

718-402-3176

Res

ourc

es: B

ronx

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44 Precinct

Highbridge

2 East 169th Street

Bronx, NY 10452

718-590-5500

46 Precinct

2120RyerAvenue

Bronx, NY 10457

48 Precinct

450 Cross Bronx Expressway

Bronx, NY 10457

718-299-3921

52 Precinct

3016 Webster Avenue

Bronx, NY 10467

718-220-2326

PSA 7

737 Melrose Avenue

Bronx, NY 10451

718-402-1722

PSA 8

North Bronx

2794RandallAvenue

Bronx, NY 10465

718-409-3672

Legal Services

Bronx Legal Services of

New York (LSNY)

579 Courtlandt Avenue

Bronx, NY 10451

718-923-3700 (option 5)

Other Community Resources

BronxDistrictAttorney’sOffice

198 East 161st Street

Bronx, NY 10451

718-590-2000

Bronx Independent Living Services

4419ThirdAvenue

Bronx, NY 10457

718-515-2800

718-515-2803(TTY)

Citizen’s Advice Bureau

1130GrandConcourse

Bronx, NY 10456

718 -893-3606

CourtDisputeReferralCenter

Bronx Criminal Court

215 East 161st Street, Main Floor

Bronx, NY 10451

718 -590-4500

FordhamTremontCommunity

Health Center

2021GrandConcourse

Bronx, NY 10453

718-960-0300

Kingsbridge Heights

Community Center

3101KingsbridgeTerrace

Bronx, NY 10463

718-884-0700

Resources: B

ronx

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BROOKLYNSafe Horizon Programs

Brooklyn Child Advocacy Center

320 Schermerhorn Street

Brooklyn, NY 11217

718-330-5400

Brooklyn Community Program

189 Montague 6th Floor

Brooklyn, NY 11201

718-834-6688

Brooklyn Criminal Court

Children’s Center

120 Schermerhorn Street, 8th Floor

Brooklyn, NY 11201

718-222-1550

Brooklyn Criminal Court Program

120 Schermerhorn Street, 6th floor

Brooklyn, NY 11201

718-834-7476

Brooklyn Family Court

Children’s Center

330JayStreet,1st Floor

Brooklyn, NY 11201

347-401-9632

Brooklyn Family Court Program

330JayStreet,12th Floor

Brooklyn, NY 11201

718-834-7440

Brooklyn Families of Homicide

Victims Program

189 Montague Street, 6th Floor

Brooklyn, NY 11201

718-834-6688

Brooklyn Mediation Center

210JoralemonStreet,Room618

Brooklyn, NY 11201

718-834-6671

RedHookCommunityJusticeCenter

88 Visitation Place

Brooklyn, NY 11231

718-923-8222

RedhookCommunityJustice

Children’s Center

88 Visitation Place

Brooklyn, NY 11231

718-923-8279

Legal Services

Legal Aid Society

111 Livingston Streett

Brooklyn, NY 11201

718-722-3100

South Brooklyn Legal Services

105 Court Street, 3rd Floor

Brooklyn NY 11201

718-237-5500

BROOKLYNDomestic Violence Police Programs

PSA 2

560 Sutter Avenue

Brooklyn, NY 11206

718-922-3985

PSA 3

25 Central Avenue

Brooklyn, NY 11206

718-386-9674

Res

ourc

es: B

rook

lyn

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Other Community Resources

Arab American Family Support Center

150 Court Street, 3rd Floor

Brooklyn, NY 11201

718-643-8000

CenterAgainstDomesticViolence

25 Chapels Street, Suite 904

Brooklyn, NY 11201

718 -254-9134

CourtDisputeReferralCenter

Brooklyn Criminal Court

120SchermerhornStreet,Room313

Brooklyn, NY 11201

718-643-6290

KingsCountyDistrictAttorney’sOffice

350JayStreet

Brooklyn, NY 11201

718-250-2000

Park Slope Safe Homes Project

P.O. Box 150429

Van Brunt Station

Brooklyn, NY 11215

718-499-2151

PuertoRicanFamilyInstitute,Inc.

2924 Fulton Street, 1st Floor

Brooklyn, NY 11207

718-647-7520

FamilyJusticeCenter

350JayStreet

Brooklyn, NY 11201

718-250-5111

MANHATTANSafe Horizon Programs

Manhattan Civil Court Children’s Center

111CenterStreet,Room103

New York, NY 10013

212-577-8769

Manhattan Criminal Court

RestitutionProgram

100CentreStreet,Room1102

New York, NY 10013

212-577-1268

Manhattan Family Court

Children’s Center

60LafayetteStreet,Room1-11S

New York, NY 10013

646-386-5242

Manhattan Family Court Program

60LafayetteStreet,Room4C

New York, NY 10013

212-577-1270

Manhattan Mediation Program

346 Broadway, Suite 400W

New York, NY 10013

212-577-1740

Manhattan Community Program

1753 Park Avenue

New York, NY 10035

212-316-2100

Resources: M

anhattan

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Manhattan Domestic ViolencePolice Programs

PSA 5

221 East 123rd Street

New York, NY 10035

212-426-6390

PSA 6

2770 8th Avenue

New York, NY 10039

212-690-3012

Legal Services

Harlem Legal Services

55 West 125th Street, 10th floor

New York, NY 10027

212-348-7449

LegalAidSocietyGreaterHarlemOffice

2006 Madison Avenue

New York, NY 10035

212-360-4700

MFY Legal Services

299 Broadway

New York, NY 10007

212-417-3700

Other Community Resources

CourtDisputeReferralCenter

Manhattan Criminal Court,

Summons Part

346 Broadway, 4th Floor

New York, NY 10013

646-386-4953

ManhattanDistrictAttorney’sOffice

1 Hogan Place, New York, NY 10013

212-335-9000

QUEENSSafe Horizon Programs

Queens Child Advocacy Center

112-25 Queens Boulevard

Queens, NY 11375

718-291-2555

Queens Civil Court Children’s Center

89-17SutphinBoulevard,Room110

Jamaica,NY11432

718-262-7182

Queens Criminal Court Program

12501QueensBlvd.RoomG7

KewGardens,NY11415

718-286-6083

Queens Family Court Children’s Center

151-20JamaicaAvenue,1st floor

Jamaica,NY11432

718-520-3880

Queens Family Court Program

151-20JamaicaAvenue,Room270

Jamaica,NY11432

718-262-0202

Queens Community Program

74 09 37th Avenue, Suite 416

JacksonHeights,NY11372

718-899-1233

Immmigration Law Project

718-899-1233 Ext. 129

Res

ourc

es: M

anha

ttan

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Queens Domestic ViolencePolice Programs

PSA 9

15509JewelAvenue

Flushing, NY 11367

718-969-9361

Legal Services

Legal Aid Society of NY

Queens Neighborhood Office

120 46 Queens Blvd., 3rd Floor

KewGardens,NY11415

718-286-2450

Main Street Legal Services

BatteredWomen’sRightsClinic

65-21 Main Street

Flushing, NY 11367

718-340-4300

Queens Legal Services

CorporationDomestic

ViolenceLaw&Advocacy

Project Hotline

89 00 Sutphin Boulevard

Jamaica,NY11435

718-657-0424

Other Community Resources

Corona/ElmhurstGuidanceCenter

37 22 82nd Street 2nd Floor

JacksonHeights,NY11372

718-779-1600

CourtDisputeReferralCenter

Queens Criminal Court

12501QueensBoulevard,RoomC24

KewGardens,NY11415

718 520 4710

ElderAbuseProject/SafetyDepartment

JamaicaServiceProgram

For Older Adults, Inc.

92-47 165th Street

Jamaica,NY11433

718-657-6500 ext. 794

Mt.SinaiSexualAssault&Violence

Intervention Program (SAVI)

1GustaveLevyPlace

New York, NY 10029

718-736-1288

Pomonok Neighborhood Center, Inc.

Crime Victim Assistance

67 09 Kissena Boulevard

Flushing, NY 11367

718-591-6060

Child Center of New York

8708JusticeAvenue,SuiteC7

Elmhurst, NY 11373

718-899-9810

QueensCountyDistrict

Attorney’s Office

DomesticViolenceBureau

8002KewGardensRoadFloor1

KewGardens,NY11415

718-286-6510

FamilyJustice

718-575-4500

Resources: Q

ueens

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Safespace

DomesticViolenceServices

9025 161st Street

Jamaica,NY11432

718-526-2400

QueensFamilyJusticeCenter

126-02 82nd Avenue

KewGardens,NY11415

718-575-4500

STATEN ISLANDSafe Horizon Programs

Staten Island Child Advocacy Center

130 Stuyvesant Place, 5th Floor

Staten Island, NY 10301

718-556-0844

Staten Island Community Program

30 Bay Street 5th Floor

Staten Island, NY 10301

718-720-2591

Staten Island Criminal Court Program

67TargeeStreet,RoomB12

Staten Island, NY 10304

718-727-7555

Staten Island Family Court

Children’s Center

51StuyvesantPlace,Room323

Staten Island, NY 10301

718-442-4613

Staten Island Family Court Program

30 Bay Street

Staten Island, NY 10301

718-447-3820

Staten Island Domestic ViolencePolice Programs

120th Precinct

78RichmondTerrace

Staten Island, NY 10301

718-876-8506

Legal Services

Legal Aid Society

Staten Island Neighborhood Office

60 Bay Street

Staten Island, NY 10301

718-273-6677

Staten Island Legal Services

36RichmondTerrace,Room205

Staten Island, NY 10301

718-233-6480

Other Community Resources

Seamen’s Society for

Children&Families

50 Bay Street

Staten Island, NY 10301

718-447-7740

StatenIslandDistrictAttorney’sOffice

130 Stuyvesant Place, 7th floor

Staten Island, NY 101301

718-876-6300

Res

ourc

es: S

tate

n Is

land

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Staten Island Mental Health Society

669 Castleton Avenue

Staten Island, NY 10301

718-442-2225

Staten Island YMCA

Little Steps Program

3911RichmondAvenue

Staten Island, NY 10312

718-984-3232

New York Center Interpersonal

Development

130 Stuyvesant Place, 5th Floor

Staten Island, NY 10301

718-720-9410 ext. 12

Project Hospitality

514 Bay Street

Staten Island, NY 10304

718-815-0800

Community Agency for

Senior Citizens (CASC)

56 Bay Street

Staten Island, NY 10301

8178-981-6226

JewishBoardofFamilyand

Children’s Services

358 Saint Marks Place

Staten Island, NY 10301

718-761-980

Resources: Staten Island

Notes: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Pers

onal

Not

es

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________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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Safe Horizon is the nation’s leading victim assistance organization. Through our 24-hour hotlines and our community offices, courts, shelters, police precincts, and

schools we help more than 50,000 New Yorkers each year.

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2