What is the function of the District Attorney?

The District Attorney's Office ("D.A.'s Office") represents the People of the State of New York in bringing charges against an accused individual in a court of law. The Manhattan D.A.'s Office has the responsibility and authority to investigate and prosecute crimes in the borough of Manhattan. The District Attorney ("D.A.") is a lawyer, elected by the residents of their jurisdiction, to represent the state in criminal proceedings against those accused of crimes. Alvin Bragg Jr., the current Manhattan D.A., was sworn into office on January 1, 2022. There are approximately 550 Assistant D.A.s ("ADAs") who work in the Office, and approximately 1,000 support staff.

What does the D.A.'s Office do when someone is arrested?

In most cases, an Assistant D.A. first reviews ("screens") an arrest in the Office's Early Case Assessment Bureau ("ECAB"). The Assistant D.A. evaluates the sufficiency of the evidence to support the charges originally brought by the police and determines the final charges. The Assistant D.A. may choose to: 1) decline to prosecute the case completely; 2) uphold the charge or adopt an equivalent charge; 3) upgrade the charge due to factors like newly discovered evidence; or 4) downgrade the charge due to insufficient evidence. The Assistant D.A. then drafts the misdemeanor or felony complaint (the charging document).

Data related to arrests screened and prosecuted by the Office is currently being reformatted to comport with New York City reporting requirements. Please send any questions regarding this data to: datadashboard@dany.nyc.gov.

Can the D.A.'s Office decline to prosecute an arrest?

In some instances, after evaluating the evidence, the D.A.'s Office may determine that there is insufficient reasonable cause to believe an individual committed a specific offense, and will decline to prosecute an arrest. In other instances, the D.A.'s Office may decline to prosecute an arrest while law enforcement continues to gather evidence.

The D.A.'s Office may likewise decline to prosecute an arrest if an individual successfully completes a pre-arraignment diversion program (a light-touch, community-based intervention). In Manhattan, pre-arraignment diversion programs are available to most individuals who are: 1) charged with low-level offenses (Project Reset, Manhattan Hope), or 2) charged with failing to answer a summons or pay a fine for having their driver's licenses suspended (Project Green Light).

Following an arrest, eligible individuals are issued a issued a Desk Appearance Ticket ("DAT") (described in detail below), and complete mandated programming at a community-based organization prior to their arraignment date. These trauma-informed interventions address underlying needs that may have led to an individual's justice involvement, such as substance use disorders, and may include counseling, naloxone training, restorative justice groups, arts-based therapy and wraparound service delivery.

Upon successful completion of a pre-arraignment diversion program, the Manhattan D.A.'s Office declines to prosecute the case without the individual having to ever step foot in a courtroom.

Data related to arrests screened and prosecuted by the Office is currently being reformatted to comport with New York City reporting requirements. Please send any questions regarding this data to: datadashboard@dany.nyc.gov.

What is the function of the Court?

The Court is charged with ensuring the fair application of the law. Judges preside over all legal proceedings in court. A courtroom assigned to a particular judge or designated to handle a certain type of proceeding is referred to as a "court part."

Almost all felony and misdemeanor cases in Manhattan are arraigned in Manhattan Criminal Court. Most cases begin in one of two Arraignment Parts, one of which operate seven days a week, 365 days a year. Every day, an Arraignment Part is open through until 1 AM.

If an individual's case is not disposed of at arraignment (described below), the case is transferred to another court part. Misdemeanors and violations are handled in Criminal Court, while the Supreme Court of the State of New York presides over felony cases. Criminal Court handles misdemeanor and violation cases and initiates most felony cases. The Supreme Court of the State of New York tries felony cases. (Note: in New York State, the highest appellate court is the Court of Appeals, not, as one might expect from the name, the Supreme Court.)

What is a lawful arrest?

Most criminal proceedings begin when a person is taken into police custody. An arrest is lawful when the police officer has reasonable cause to believe the person being arrested has committed a particular offense. The New York City Police Department ("NYPD") is the primary law enforcement agency in New York City.

What happens when someone is arrested?

In the majority of cases, an arrest is the first stage in the criminal justice process. Once an individual is in custody, they may be identified by a victim or witness, and they may make a statement to the police. They will be searched, and officers are entitled to seize any contraband or evidence found during the search. Evidence may include the proceeds of the crime, any tools used to commit the crime, distinctive clothing, or other materials and information that may connect the individual with the crime. The arresting officer takes seized property to be vouchered by the NYPD Property Clerk's Division.

Once transported to the precinct, the accused individual will be fingerprinted and have their photograph taken. The arresting officer also prepares the arrest report, the complaint report, fills out property vouchers, and other relevant police forms at this time.

In many cases, the arresting officer may give the arrested individual a Desk Appearance Ticket ("DAT"). A DAT releases the accused individual from custody before arraignment and requires the individual to appear for arraignment at a specified date. As of January 2020, legislative reforms have greatly expanded which crimes are mandatory for a DAT. Arresting officers are now required to issue a DAT for most misdemeanor offenses and some felony offenses. Exceptions exist when an individual has a warrant out for their arrest, has previously been issued a bench warrant for failing to return to court, or is unable or unwilling to provide proper identification, amongst select other reasons.

If an individual does not meet the criteria for a DAT, they will be taken from the local precinct to Central Booking at 100 Centre Street for further processing. This is commonly referred to as a "live" or "online" arrest.

What types of arrest charges are there in New York?

In New York, there are three major classes of offenses for which a person may be prosecuted: violations/infractions, misdemeanors, and felonies. Violations/ infractions are the least serious offenses, while felonies are the most serious offenses. Some are defined in the Penal Law of New York State, while others can be found in different statutes, such as the Vehicle and Traffic Law, or in local ordinances, such as the New York City Administrative Code.

Violations/infractions are offenses that carry the lowest sanction, and are defined as non-crimes. Thus, a person does not receive a criminal record when they are convicted of a violation/infraction. The maximum term of imprisonment is fifteen days. Examples of violations/ infractions are public urination, drinking alcohol in public, and disorderly conduct. Due to internal and citywide policy changes aimed at the reduction of criminal prosecution of low-level, non-violent offenses, most violations and infractions are no longer prosecuted by the Manhattan D.A.'s Office. Instead, individuals are issued summonses, and diverted to Summons Court. The Manhattan D.A.'s Office does, however, continue to prosecute certain violations that affect public safety, such as driving while impaired, possession of illegal knives, possession of synthetic cannabinoids, and violations under the Penal Law.

A misdemeanor is the least serious crime. It is more serious than a violation/infraction. Misdemeanors are typically divided into two classes: Class A and Class B. The maximum terms of imprisonment are 364 days for a Class A misdemeanor, and three months for a Class B misdemeanor. Examples of misdemeanors are petty theft and assault where the victim suffers non-serious injuries.

A felony is the most serious crime. Felonies are crimes for which more than one year of imprisonment may be imposed. Felonies are divided into the following classes: Class A-I, Class A-II, Class B, Class C, Class D, and Class E. A Class A-I felony is the most serious and a Class E felony is the least serious. Examples of felonies are robbery, burglary, grand larceny, most sex crimes, and murder.

What is an Arraignment?

In New York City, arrested individuals are usually brought before a judge in Manhattan Criminal Court for arraignment within 24 hours, if they are not issued a DAT. In some instances, an individual's case may originate in Supreme Court, bypassing Criminal Court arraignments.

The Court assigns a docket number to each case, gathers all of the arraignment paperwork, including the complaint and criminal history records, and brings the arrested individual into the Arraignment Part. Before their arraignment, the arrested individual meets with an attorney. If they cannot afford an attorney, one is appointed prior to the arraignment. They then appear before the presiding Criminal Court Judge and are formally charged with a crime.

Can a case be disposed of at arraignment?

The conclusion of a case, absent a trial conviction, is referred to as its "disposition." Many misdemeanor and violation/infraction cases are disposed of at arraignment, particularly for non-violent offenses such as shoplifting, drug possession, or disorderly conduct. When this occurs, an individual may consent to an Adjournment in Contemplation of Dismissal ("ACD"), which is a dismissal of all charges following a period (typically six months) of being arrest-free, or they may plead guilty to a violation/infraction, which are non-crimes. Almost no felony cases are resolved at arraignment. If a case is disposed of at arraignment, it means that the charged individual:

• Pleads guilty (to the top charge or a reduced charge);

• Consents to an ACD; or

• Has their case dismissed (e.g., the complaint was drafted insufficiently).

The judge delivers a sentence after the case is disposed. Common sentences at arraignment include mandated participation in a community-based program, time served, or, on rare occasions, a jail sentence. Individuals that consent to an ACD may or may not be mandated to programming or other conditions.

What happens to an individual if their case is not disposed of at arraignment?

The presiding judge determines release status for individuals whose cases are not disposed of at arraignment. While an Assistant D.A. may request a specific release status, judges ultimately make this decision. Charged individuals may: 1) be released on their own recognizance ("ROR") with the requirement that they return to court at a future date; 2) be released with conditions, such as enrollment in Supervised Release (a supervisory program that provides intensive monitoring, frequent face-to-face and telephone contact with program staff, and referrals to outside agencies for additional services for individuals who remain at liberty while awaiting trial); 3) have monetary bail set on their case; or 4) be remanded into custody. The judge must set the least restrictive conditions necessary that will reasonably assure an individual's return to court.

If an individual who is released on their own recognizance, placed on Supervised Release, or has posted bail does not appear in court on their next appointed court date, the judge will issue a bench warrant for the charged individual's arrest after notifying the individual and giving them 48 hours to appear.

What is bail and how is it set?

Bail is collateral, often in the form of cash, bond, property, or money paid with a credit card, which must be posted by the charged individual to ensure their return to court on a future date.

If appropriate, the Assistant D.A. in the Arraignment Part will request that bail be set and give reasons for the bail conditions requested. The judge will then determine whether set bail, and in what amount. If the charged individual posts the amount of money required to make bail, they will be released.

If the charged individual has another case pending in which the individual is being held, a bail amount of $1 might be set by the judge on subsequent cases. This is referred to as "dollar bail." Dollar bail helps ensure that any time an individual spends in custody before the disposition of their case will count toward the individual satisfying an incarceratory sentence if convicted.

What did recent bail reform legislation do?

On January 1, 2020, New York State enacted bail reform legislation that strictly curtailed the use of cash bail. Now, typically, bail can only be set on " Qualifying Offense s." Most Qualifying Offenses are violent felonies, such as robbery, assault, certain criminal contempt charges, misdemeanor and felony sex offenses, and homicide. Not all Qualifying Offenses will result in bail, however. Judges may still choose ROR, Supervised Release, or other non-monetary conditions. Depending on the Qualifying Offense, the judge may also remand the individual instead of setting bail. Remand is typically used in the most serious of offenses, such as murder.

Because of the recent amendments, cash bail is typically no longer permitted for most misdemeanors and nonviolent felonies. Individuals charged with these crimes are instead released on their own recognizance or released with non-monetary conditions designed to ensure their return to court. In rare instances, however, such as the individual being charged repeatedly and willfully failing to appear in court, a judge may set bail on an offense that does not constitute a "qualifying offense." Additionally, bail may be set if a person commits a crime that harmed another person or their property, while they were released on an earlier crime that harmed another person or their property.

If bail is set and the charged individual cannot post the bail amount, the New York City Department of Correction detains them in jail until the next court date.

Where does a case go after arraignment?

Cases are transferred to another court part if they are not disposed of at arraignment. Misdemeanor and violation cases are transferred ("adjourned") from the Arraignment Part into an All Purpose Part ("AP Part") in Criminal Court. Felony cases are adjourned to Part F while awaiting Grand Jury action. The case will remain in Part F for all proceedings until the case is indicted or resolved with a misdemeanor, violation or ACD disposition.

What is a Grand Jury?

Under New York State law, almost all felony cases must be presented to the Grand Jury, which is empowered to hear evidence presented by Assistant D.A.s and vote to file charges against an individual. The Grand Jury can vote an indictment (a written statement charging an individual with a felony offense), direct the filing of a Prosecutor's Information (a document charging non-felony offenses with a request to transfer the case back to Criminal Court), direct the removal of a case to Family Court, or issue a Presentment or Report (a formal report to the Court concerning neglect or nonfeasance by a public servant, or about a condition or incident with a recommendation for change). In some instances, the case may proceed with a Superior Court Information ("SCI"). An SCI is a written instrument accusing an individual of a crime that has the same force as an indictment. SCIs are used when an individual charged with a felony agrees to waive indictment by a Grand Jury.

For the first three actions, the Grand Jury must determine that the evidence is legally sufficient and that it provides reasonable cause to believe that the individual in question has committed the crime. Otherwise, the Grand Jury does not vote the indictment, or it dismisses the matter. If the Grand Jury votes an indictment the case is adjourned to a Supreme Court Part for arraignment on the indictment.

Each Grand Jury is comprised of 23 citizens who sit for a term of approximately one month. A quorum is required for the Grand Jury to hear evidence and file charges on the case. Grand Jury proceedings are not open to the public.

What happens after a Grand Jury votes an indictment?

Once an individual has been indicted on a felony, the case is transferred to and arraigned in Supreme Court. Criminal Court no longer has jurisdiction over a case once an indictment has been filed.

At Supreme Court arraignment, the prosecutor gives the charged individual a copy of the indictment and the Automatic Discovery Form, which includes information about the case, such as the date, time, and place of the crime and arrest, the police and other witnesses involved, and the property recovered, among other things. The charged individual then enters a plea of guilty or not guilty to the indictment. Bail may be reviewed and different conditions may be set.

What legal proceedings occur before a case is disposed?

Numerous legal motions and court hearings can occur during the pendency of a case, some of which are described below.

Discovery: Discovery refers to evidence and materials relating to the case. Discovery may include grand jury testimony transcripts, witness names and contact information, photographs, drawings, scientific reports, and evidence seized during an arrest or from a crime scene. Charged individuals have a right to review, inspect, photograph, and copy all materials relating to the charges against them. The court may issue a protective order that restricts or denies access to discovery if there is risk of danger to the integrity of the physical evidence or the safety of a witness, among other select reasons.

Recent discovery reform legislation, which went into effect in 2020, requires prosecutors to produce all discoverable materials in their possession and in the possession of the police within 20 days of arraignment if the charged individual is incarcerated and within 35 days if the individual is not incarcerated. This timeframe may be extended by 30 days if the materials are "exceptionally voluminous" or despite diligent, good faith efforts, are otherwise not in the actual possession of the Assistant D.A. The discovery law also requires prosecutors to disclose before trial other discoverable items that were not initially in their possession, such as hospital records, bank records, and cellular data records.

Motions to Dismiss: The charged individual can move to dismiss the complaint or indictment because it is technically defective and not supported by sufficient evidence, because they were denied a speedy trial, or in the interest of justice.

Motions to Suppress Evidence: Before trial, the charged individual can move to prohibit the introduction of evidence at trial on the grounds that it was unlawfully or improperly obtained. Suppression motions most commonly seek to prohibit the introduction of identifications, evidence seized from the charged individual, and the charged individual's statements.

Admissibility of Identification Evidence: Identification evidence, like the results of a line-up, is examined during a Wade hearing. At issue is whether the police conduct during the identification procedure was proper. If the judge finds that the police acted improperly, the judge may still decide that the witness's "independent basis" for the identification is strong enough to withstand the pressures of police impropriety. If the independent basis for the identification is weak or non-existent, the witness cannot identify the charged individual at trial.

Admissibility of Statements Made by the Charged Individual: The admissibility of a charged individual's statement is litigated in a Huntley hearing. Issues include whether the charged individual was given their Miranda warnings, whether those warnings were complete, and whether the individual's decision to speak to the police was knowing, intelligent, and voluntary.

Admissibility of Physical Evidence Seized from the Charged Individual: The admissibility of physical evidence seized from the charged individual is litigated in a Mapp hearing. Issues include an officer's probable cause to arrest the charged individual, the propriety of their stop or frisk, the time of the seizure, and the pertinent details surrounding the seizure of the evidence.

Molineux: A Molineux motion is made just before the trial begins. In such a motion, the parties litigate whether and to what extent the prosecutor may introduce evidence in their case-in-chief regarding the charged individual's prior crimes and bad acts. Molineux evidence can help establish, among other things, motive, identity, and unique methods for committing crimes, but may not be used to establish propensity.

Sandoval: A Sandoval motion is made just before the trial begins. In such a motion, the parties litigate whether and to what extent the prosecutor may cross-examine the charged individual about prior convictions or bad acts, if the charged individual chooses to testify at trial.

Can an individual receive programming while their case is pending?

When appropriate, an individual's case may be transferred to a problem-solving court. Problem-solving courts provide targeted interventions and alternatives to incarceration for individuals whose outstanding needs may have led to their criminal justice involvement. Problem-solving courts are staffed by specially trained judges, court staff, and Assistant D.A.s. Problem-solving courts in Manhattan include, but are not limited to:

• Manhattan Mental Health Court ("MMHC"): MMHC provides comprehensive oversight and mental health treatment to eligible individuals charged with felony offenses;

• Manhattan Drug Court ("MDC"): MDC handles felony cases where an individual's criminal activity is motivated by a substance use disorder;

• The Human Trafficking Intervention Court ("HTIC"): HTIC works with individuals who are charged with prostitution-related misdemeanors and violations;

• Veterans' Treatment Court: Veteran's Court offers customized services to address legal and mental health needs of veterans whose criminal behavior may be linked to their military service; and

• The Alternative to Incarceration Court ("ATI Court"): The ATI Court centralizes felony cases that receive a program-based disposition and creates infrastructure to supervise and support individuals as they complete programming. The ATI Court serves those who are not eligible for other problem-solving courts. All mandates within the ATI Court are individualized and designed to meet the needs of each justice-involved individual.

• The Youth Part: The Youth Part in Supreme Court handles all felony cases involving adolescent offenders (those who are 16 and 17-years old), juvenile offenders (those who are 13, 14 or 15-years old and charged with serious felonies), and youthful offenders (those who are under 19 years-old). The Youth Part focuses on rehabilitation for these young people, similar to Family Court.

Problem-solving courts help reduce recidivism by creating more effective interactions with the justice system. Individuals in problem-solving courts complete programming before sentencing, often as part of a negotiated plea. Individuals who successfully complete programming may receive a reduced charge, avoid an incarceratory sentence, or, when appropriate, have their case dismissed.

Programs are also available to individuals charged with a misdemeanor or violation/infraction who are not in a problem-solving court, and are typically offered after a case is disposed. Program-based sentence options are described below.

What is a Trial?

A criminal trial is a formal examination of evidence in a court of law before a judge or a jury to determine whether the charged individual is guilty of the charges brought against them beyond a reasonable doubt. Cases that do not result in a plea or dismissal proceed to trial. There are two types of trials: A jury trial and a bench trial. In a bench trial, the judge hears all evidence and serves as the sole decision-maker. A jury trial relies on the jury to hear evidence and determine guilt by unanimous vote of the jurors. In Criminal Court, six individuals serve as jurors; in Supreme Court, twelve individuals serve as jurors. The process for selecting the jury is referred to as Voir Dire. A person charged with a crime that is entitled to a jury trial has the right to waive a trial by jury and elect for a bench trial.

Trials may be conducted for felonies, misdemeanors, or violations. However, very few misdemeanor or violation/infraction cases proceed to trial. Trials may end in a conviction on some or all charges, an acquittal (when the jury determines the charged individual is not guilty), or a mistrial. A mistrial can occur for multiple reasons, including if the jury is "hung" and cannot come to consensus, or if there is misconduct on the part of an attorney or juror.

How are cases disposed of?

Cases are disposed of when an individual:

• Pleads guilty (to the top charge or a reduced charge);

• Consents to an ACD;

• Is convicted or acquitted at trial;

• Has their case dismissed (e.g., for lack of evidence).

When and how is an individual sentenced?

A sentence refers to the consequences or punishment ordered as a result of a conviction at trial or guilty plea. A case is sentenced when these consequences are formally imposed by a judge. There are a wide range of sentences for criminal convictions, which may involve monetary payment, probation, programming to address outstanding needs (such as addiction disorders, unstable housing, mental health needs, etc.), or a term of imprisonment. Some individuals may receive a sentence of "time served," which means that the amount of time an individual spent incarcerated prior to being sentenced satisfies the incarceratory portion of the sentence the judge is issuing.

Individuals convicted of a misdemeanor under New York State law are eligible to be sentenced to up to 364 days of incarceration. Individuals convicted of a felony who receive an incarceratory sentence face anywhere from one year to life in prison, depending on the severity of the crime and the individual's previous convictions, among other factors. Incarceratory sentences may be determinate (i.e. consisting of an exact length of confinement) or indeterminate (i.e. consisting of a range of time with a minimum and maximum length of confinement). For example, an individual may have a determinant sentence of 2 years or an indeterminate sentences of 3-5 years. While judges have latitude in sentencing decisions, mandatory sentencing provisions in New York State law limit judges' discretion over the type or length of the sentence associated with a conviction of a specific charge or type of offense. For example, Criminal Procedural Law 70.02 establishes sentencing guidelines and requirements for individuals convicted of a violent felony offense.

Monetary sentences refer to judge-imposed punishments following a conviction at trial or guilty plea where the convicted individual is required to make payment in the form of a fine, restitution, or asset forfeiture. This does not refer to mandatory, court-imposed surcharges and fees that are assessed following a conviction.

• Fines consist of the payment of money to the state. Article 80 of New York's Penal Law determines the amount an individual or corporation can be fined.

• Restitution consists of the payment of money to a specified individual or organization, typically the victim. Restitution is case-specific; examples include the cost of a victim's medical bills, or payment of funds that were stolen from an organization.

• Asset forfeiture consists of the confiscation of assets or property by the state. Asset forfeiture sentences are relatively rare.