Every case is different, but most New York criminal cases move through the same stages. Knowing what each stage is for makes it easier to understand the decisions you will be asked to make.
1. Arrest or appearance ticket
Some people are arrested and held for arraignment. Others receive a desk appearance ticket (DAT) under CPL Article 150 and are told to come to court on a later date. A DAT is still a criminal charge, and the court date must not be missed.
2. Arraignment
At arraignment the charges are read, a lawyer is assigned or appears, and the judge decides release conditions. Under the 2020 bail reform laws (CPL § 510.10 and § 530.20) most misdemeanors and many non-violent felonies require release, with or without conditions; for qualifying offenses the judge may set bail. Temporary orders of protection and license suspensions in DWI cases are also often addressed here.
3. Grand jury (felonies)
A felony must generally be presented to a grand jury, which decides whether to indict (CPL Article 190). If you are held in custody on a felony complaint, CPL § 180.80 generally requires release if the grand jury has not acted within 120 hours, or 144 hours when a weekend or holiday intervenes. You have the right to testify before the grand jury if proper notice is served, a decision to make only with a lawyer.
4. Discovery
Under CPL Article 245, prosecutors must turn over police reports, recordings, witness information and other evidence on a statutory schedule. The Legislature amended these rules in 2025, and compliance disputes remain an important part of many cases.
5. Motions and hearings
The defense can move to dismiss defective charges and to suppress evidence obtained through an unlawful stop, search or interrogation. Hearings (often called Mapp, Huntley, Dunaway or Wade hearings) test the police conduct in front of a judge.
6. Resolution or trial
Many cases end through dismissal, an adjournment in contemplation of dismissal (ACD) under CPL § 170.55, a plea to a reduced charge, or a diversion program. Others go to trial before a judge or jury, where the prosecution must prove each element beyond a reasonable doubt.
Common questions
What is the speedy trial rule in New York?
CPL § 30.30 requires the prosecution to be ready for trial within six months of the start of a felony case, 90 days for a class A misdemeanor, 60 days for a class B misdemeanor and 30 days for a violation, after excluding certain periods of delay. If they are not, the charges can be dismissed.
What is an ACD?
An adjournment in contemplation of dismissal postpones the case, usually for six months (one year in many family offense cases). If you are not re-arrested and you meet any conditions, the case is dismissed and sealed.
General information about New York procedure, not legal advice. Timelines and rules have exceptions that depend on the facts and the court.