From a report to a charge
After a report, police usually interview the person who made it, collect any physical or digital evidence, and may try to speak with the person accused. Some cases lead to an arrest within hours; others are reviewed for a long time before any decision is made. The decision to charge belongs to the prosecutor rather than to the person who reported, and a complainant generally cannot drop a case once it is filed, although their wishes are often considered. In New York, an arrest leads to an arraignment, where release conditions and an order of protection are commonly addressed.
The felony path in New York
Felony cases generally go through a grand jury, which hears the prosecution's evidence and decides whether to return an indictment. The accused has a right to testify before the grand jury, but that choice carries real risks and should be made only after careful discussion with counsel. After an indictment, the case moves to a higher trial court, where discovery, motions, and hearings take place. Lower-level sexual offenses charged as misdemeanors generally stay in local criminal court. Federal cases follow a separate path, with their own grand juries and courts.
Early choices that carry weight
For the accused, the early choices include whether to speak with investigators, how to live within any order of protection, and how to respond to a parallel school or workplace process. For the person who reported, they include what support to accept and how to stay in touch with the prosecutor's office and its victim services staff. In both situations, avoiding direct contact between the two people protects everyone involved. In a first meeting we look at exactly where the case is, what has been filed, and what the next court date is meant to decide. We also explain who is likely to call you next, whether a detective, a prosecutor, or a reporter, and how to respond to each.
