The first appearance and what follows
After an arrest, a case begins at arraignment, where the charge is formally presented, a plea of not guilty is usually entered, and the judge sets release conditions. In New York, some people receive a desk appearance ticket instead and return on a later date. Orders of protection are common even when the people involved are strangers, neighbors, or coworkers. The charge on the first paper can change as the prosecutor reviews medical records and video, sometimes to a lesser count and sometimes to a more serious one. Missing a court date can lead to a warrant, so put every date in writing as soon as you have it.
What to do and what to stop doing
Do not talk about the incident with the other person, with friends who were there, or online. Conversations with friends are generally not protected, and they can become evidence. Keep photographs of any injuries you have, the clothing you wore, receipts or transit records placing you somewhere, and the names of people who saw what happened. Ask your lawyer about sending preservation requests to bars, stores, building managers, and anyone with a doorbell camera, because many systems record over their footage on a short cycle. If a detective calls asking you to come in and give your side, speak with a lawyer before you respond.
Questions settled early
We look at what the complaint alleges and what evidence the prosecution is likely to rely on. We talk about the consequences that sit outside the courtroom, such as your job, a school, a professional or firearm license, and immigration status, because those can shape how the case should be approached. We check whether the other person has also made a civil claim or contacted an insurer. And we explain the path ahead, including how discovery works and when decisions about resolution or trial are likely to come up, without predicting where the assault charge will end.
