Consequences of Conviction
Getting Rights Back
There are a number of laws and rules that bar people convicted of certain jobs from getting certain licenses, or having access to certain benefits, like public housing. This is why it is important to understand the Collateral Consequences of your criminal conviction when you are plea bargaining or sentenced.
NY Collateral Consequences Basics
Besides direct consequences that can include jail time, fines, and treatment, a criminal conviction can trigger many consequences outside of the criminal court system. These consequences can affect your current job, future job opportunities, housing choices, immigration status, etc.
Sentencing 101
A sentence is an official punishment handed down by a judge to someone who has been convicted of a crime. Not all sentences involve prison time. Defendants can also be sentenced to probation and ordered to pay a fine. Many times, defendants will get sentenced to a little (or a lot) of all of the above: They serve time in prison, have to report to a probation officer after they get out, and must pay money to the government (fines) and to their victims (restitution).
Sentencing: An Overview
A criminal sentence refers to the formal legal consequences associated with a conviction. Types of sentences include probation, fines, short-term incarceration, suspended sentences, which only take effect if the convict fails to meet certain conditions, payment of restitution to the victim, community service, or drug and alcohol rehabilitation for minor crimes. More serious sentences include long-term incarceration, life-in-prison, or the death penalty in capital murder cases.
Court Process
General - This is an outline of the course a criminal case involving a felony, such as rape, follows through the court systems. Although you, as a witness, are not involved at every step, it can help you understand your role and the way the criminal justice system works by reviewing this information.
Arraignments
State Specific - NY - The arraignment is the first time you go to court in front of a Judge. At the arraignment, you are told what the charges are against you and what your rights are, like the right to a trial and the right to have an attorney appointed for you if you don’t have the money to hire one.
Bail Information for Consumers
When a defendant (the “principal” or “arrestee”) is held before trial, the court may release them under conditions known as “bail.” Bail usually includes a payment to the court, which is typically given back at the end of the case if the defendant follows court orders.
Bail Reform Implementation
This page includes forms and other information regarding the implementation of the 2019 bail reform law, which took effect on January 1, 2020, and has since been amended with the 2020 State Budget (effective July 2, 2020).
New York Bail Reform: A Quick Guide to Common Questions and Concerns
In New York’s statewide court system, once someone is arrested they typically experience what can be an arduous process. For many, that process may involve time spent in jail, regardless of guilt or a conviction. At the heart of that quandary is the use of cash bail.
How Courts Work: Bail
Bail is the amount of money defendants must post to be released from custody until their trial. Bail is not a fine. It is not supposed to be used as punishment. The purpose of bail is simply to ensure that defendants will appear for trial and all pretrial hearings for which they must be present. Bail is returned to defendants when their trial is over, in some states minus a processing fee.