Articles Tagged with attorney

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A majority of our clients are booked, processed and “put through the system,” meaning they are brought to central booking shortly after arrest and then brought out before a Judge for an arraignment on the charges. Usually, this arraignment occurs within roughly 24 hours of the arrest. Other clients are issued Desk Appearance Tickets (“D.A.T.’s”) or summonses which command them to return to Court on a future date.

In Manhattan, specifically, most arrestees are brought downtown to the 100 Centre Street Courthouse to face charges. However a smaller number of defendants are directed to appear in Manhattan’s Midtown Community Court which is located at 314 West 54th Street in Manhattan. In this blog, we cover some of the Midtown Community Court basics to shed light on what should be expected for those who find themselves in the unfortunate predicament of having to fight a charge or charges there.

Midtown Community Court was launched in 1993 with the primary objective of dealing with quality-of-life offenses, so most of the cases involve misdemeanors and/or violations. Examples of some of the common charges you are likely to face in Midtown Community Court include:

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Under New York state law, there are three degrees of rape, with Rape in the First Degree (Penal Law Section 130.35) being the most serious (a Class B violent felony). Rape in the Third Degree (Penal Law 130.25), however, may be the most common criminal charge, and it can be brought in three different ways.

Per the statute: “A person is guilty of Rape in the Third Degree when: 1. He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old; 2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or 3. He or she engages in sexual intercourse with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.”

Subsection 2 is the most common charge, which involves a criminal charge being brought against an older person (21 years old or older) and a complainant younger than 17. Notably, this charge can be brought against the will of the younger party, meaning that it is not necessary for the complainant to “press charges” for the older person to be convicted. Sometimes these charges are proven without the testimony of the younger party by medical evidence or pregnancy, third party witnesses (who catch and observe the people in the act of sexual intercourse), or admissions by the older party.