From investigation to arraignment
Many cases begin with a report followed by a period of investigation, during which detectives may call or ask you to come in and give your side. That invitation is often an effort to obtain a statement, and you have the right to decline and to ask for a lawyer. Some investigations include a call from the complainant arranged with police and recorded, which is one more reason not to discuss the allegation with anyone. After an arrest, the first court appearance is the arraignment, where the charges are read, release conditions are addressed, and an order of protection is usually issued. In felony cases, the prosecution generally needs a grand jury indictment for the case to go forward to trial.
Discovery, evidence, and the order of protection
Under New York's discovery statute, prosecutors must turn over much of their evidence, including police reports, recorded statements, lab results, and many digital records, within set timeframes after arraignment. In sexual assault cases, the evidence often includes messages, social media activity, location data, medical examinations, and witness accounts of the hours before and after the event. Keep your phone and accounts as they are and tell your lawyer what they contain; deleting anything can be used against you. Follow the order of protection exactly. Contact with the complainant through friends, family, or social media can result in a separate criminal contempt charge and can change your release status.
Planning the defense
The defense depends on what is actually in dispute: whether the conduct happened, whether there was consent, whether the person had capacity to consent, or who was involved. In a first meeting we review the charges and anything you have already said, gather the names of witnesses and the sources of digital evidence, and look at timing issues such as speedy trial rules. We also explain what a plea would mean for registration, immigration, and employment, so that any decision is made with the full picture. If you are a student or an employee, a parallel school or workplace process may be under way, and statements made there can matter in court.
