westchester county criminal court

Westchester County Criminal Court – A Helpful Guide

If you ever find yourself dealing with the criminal justice system in Westchester County, New York, it can be intimidating and confusing. This article aims to provide a helpful, down-to-earth guide to the Westchester County Criminal Court – what it is, how it works, what kinds of cases it handles, and what to expect if you end up there. We’ll cover the basics in simple terms, so you can understand the process and know what to do.

Overview of the Westchester County Criminal Court

The Westchester County Criminal Court is located at 111 Dr. Martin Luther King Jr. Blvd in White Plains, NY. It handles all criminal cases that occur in Westchester County, from misdemeanors to felonies. The judges who preside over the criminal court are appointed by the Governor of New York. There are currently around 15 permanent judges plus some “acting” judges who fill in part-time[1].

The criminal court is part of the overall Westchester County Supreme and County Court system. But the criminal division and civil division are seperate. Criminal cases involve charges brought by the government against an individual or organization, for violations of the law. Civil cases involve private disputes between people or organizations.

The criminal court itself is divided into a few different parts handling different stages of the process. There is the:

• Arraignment Part – initial appearance before a judge after arrest
• All Purpose Part – handles various pre-trial matters
• Trial Parts – where the trials and hearings take place
• Grand Jury Part – handles grand jury proceedings

Let’s get into the specifics of what types of criminal cases this court deals with.

Types of Criminal Cases Handled

The Westchester County Criminal Court has jurisdiction over all misdemeanors and felonies that occur within Westchester County. Some examples include:

• Assault and battery
• Domestic violence
• DUI and other traffic violations
• Drug possession and distribution charges
• Weapons charges
• Sex crimes
• Theft and larceny
• Fraud
• Vandalism and criminal mischief

Basically any violation of New York state laws that happens in Westchester County will end up in the Westchester criminal court. The only exceptions are federal crimes, which are handled in federal court.

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One important thing to note – the Westchester criminal court generally handles misdemeanors and felonies, but not violations. Things like traffic tickets, trespassing, disorderly conduct and low-level marijuana possession are considered violations under New York law, so they’ll be dealt with in local city, town or village courts. But more serious misdemeanor and all felony charges go to the Westchester County Criminal Court.

The Criminal Process in Westchester County

Now let’s walk through the basic process that a criminal case follows in Westchester County from start to finish:

1. Arrest and Booking – The process begins with an arrest by police and booking at the police station. The suspect is fingerprinted and photographed.
2. Arraignment – After booking, the defendant appears before a Criminal Court judge for arraignment within 24 hours. This is their first appearance in court. The charges against them are read, and they can enter a plea of guilty, not guilty or no contest. Bail may be set at this stage.
3. Grand Jury – For felony cases, the prosecution must present evidence to a grand jury, which decides whether there is sufficient evidence for the case to go to trial. The defendant does not appear at this stage.
4. Pretrial Proceedings – Numerous hearings and conferences may take place leading up to the trial, such as bail hearings, plea bargain negotiations, and motions to suppress evidence.
5. Trial – If no plea deal is reached, the trial phase begins with jury selection. Then the trial proceeds before the judge, with both sides presenting evidence and witnesses. The jury deliberates and delivers a verdict.
6. Sentencing – If the defendant is convicted, the judge determines the appropriate sentence based on factors like the law and sentencing guidelines. Options include fines, probation, restitution, community service, incarceration, or a combination.
7. Appeals – The defendant has the right to appeal their conviction or sentence. Appeals are handled by higher courts, not the Westchester County Criminal Court.

While this is the basic flow, the specifics vary widely between cases. Some go to trial while most end in plea bargains. Serious felonies have longer processes with more pretrial hearings. And appeals can add time on the back end. Let’s get into some specifics…

Arraignment and Bail

After being arrested and booked, defendants are brought before a Criminal Court judge for arraignment within 24 hours. This is their first court appearance. The charges against the defendant are read, and they can enter a plea – guilty, not guilty, or no contest. The judge then decides whether to set bail, and if so, how much.

Bail is money or a bond that the defendant pays in order to be released from jail before trial. It ensures they will show up for future court dates. Bail can be cash, or a bail bond paid to a bondsman. The judge sets bail based on factors like:

• Severity of charges
• Defendant’s criminal history and ties to the community
• Risk of flight

For minor misdemeanors by a defendant with local ties, the judge may release them without bail, known as being “released on recognizance.” Defendants who can’t afford bail have the right to a bail hearing to get the amount reduced. They can also be released if the trial is not held within certain time limits under New York’s speedy trial laws.

Grand Jury Proceedings

For felony cases in New York, the prosecution must present evidence to a grand jury and get their approval to move forward with the charges. The grand jury determines if there is “sufficient evidence” to indict the defendant – essentially decide there is probable cause to accuse them of the crime.

The grand jury consists of up to 23 regular citizens from Westchester County, similar to a trial jury. But the defendant and their lawyer are not present – it is only the prosecution presenting evidence. Grand jury proceedings are kept secret. If they decide to indict, the defendant must then appear in court to enter a plea and proceed to trial.

Pretrial Proceedings

The pretrial phase involves a series of hearings and conferences leading up to the trial itself. Different types of pretrial hearings include:

• Arraignment – Defendant enters plea (covered earlier)
• Bail hearings – To review and possibly modify bail terms
• Plea bargain conferences – Negotiations to settle the case through a plea deal
• Motion hearings – To hear arguments on motions like suppression of evidence
• Status conferences – To discuss progress of the case

These pretrial hearings allow issues to be settled before trial. Most cases end in a plea bargain rather than going to trial. Defendants may plead guilty or no contest in exchange for an agreed upon sentence.

The Trial

If no plea deal is reached, the case will proceed to a trial before a judge and jury. First is jury selection, where the pool of potential jurors is screened through questioning from the judge and attorneys. The goal is to seat an impartial jury.

Next is the trial itself, which generally follows this process:

1. Prosecution opening statement – outlines their main arguments
2. Defense opening statement
3. Prosecution calls witnesses and presents evidence
4. Defense cross-examines prosecution witnesses
5. Defense calls witnesses and presents evidence
6. Prosecution cross-examines defense witnesses
7. Closing arguments from both sides
8. Judge instructs jury on the law
9. Jury deliberates in private until a verdict is reached

During the trial, witnesses are questioned and cross-examined, evidence is presented and objections may be raised. The jury then deliberates and must come to a unanimous verdict. If they can’t agree, a mistrial results.

Sentencing

If convicted, the final phase is sentencing by the judge. Felony sentences can range from probation to years in prison under New York law. Possible sentences include:

• Fines and fees
• Restitution to victims
• Community service
• Probation
• Jail or prison time

Sentences are based on a range set by New York statute for each crime, along with sentencing guidelines. The judge considers factors like criminal history and severity of the crime. Fines create revenue for the county. Probation rather than incarceration saves taxpayer money.

Appealing a Conviction or Sentence

Defendants who are convicted at trial or through plea deal have the right to appeal their conviction or sentence. This involves requesting a higher court review the case and overturn the judgment. Grounds for appeal include:

• Violation of defendant’s constitutional rights
• Procedural errors
• Insufficient evidence
• Harshness of sentence

Appeals of Westchester County Criminal Court cases go to the Appellate Division of the New York Supreme Court. Appeals must be filed within 30 days of sentencing. While appeals are pending, the defendant continues to serve their sentence unless the court grants a stay.

Finding Criminal Records in Westchester County

Many criminal records from the Westchester County Criminal Court are public and can be searched or requested from the Westchester County Clerk’s office. However, certain types of cases are sealed or restricted, such as:

• Juvenile records
• Cases ending in acquittal or dismissal
• Cases sealed by the court

You can search for records in person at the County Clerk’s office, submit a written request by mail, or search available records online through the Westchester Records Online system[3]. Different search methods and fees apply.