A package of reforms was signed into law in April that are set to completely change the criminal justice environment in New York State. The reforms will take effect starting January 1st, 2020, and both police and prosecutors are preparing the changes in procedure necessary to accommodate the changes. The reforms themselves are a major victory for criminal justice advocates, who have aimed for these reforms for years.
Some of the most significant changes were those made to rules related to bail, which has eliminated bail for misdemeanor offenses, except in cases of sex crimes or violating orders of protection. It also eliminated bail for most non-violent felonies, except for witness tampering, conspiracy to commit murder, domestic violence cases, crimes against children, sex crimes and terrorism-related offenses. It was even eliminated for most Class A nonviolent drug felonies, and some burglary and robbery-related felonies. This will mean that most people accused of a crime will be able to defend themselves from outside of a jail cell, allowing them to maintain their regular lives while the cases hang over their heads.
Another important set of reforms was made to the discovery rules, the laws that govern when, how and what kind of evidence the prosecution and defense must turn over to one another. The new discovery rules will make it so the prosecution must turn over all the evidence they have within 15 days after arraignment, with some exceptions. The defense will also get the names and contact information of anyone with information relevant to a case, names and assignment of all police officers involved, and every witness statement, even if the prosecution never intends to call them to the stand.
Prosecutors, meanwhile, will no longer be able to claim police evidence delays as a reason for not turning over evidence, and must turn over all evidence they intend to use at trial 15 days before the trial. Defense attorneys must provide all the evidence they intend to use at trial to the prosecution within 30 days of the trial. Prosecutors can still get a restraining order to avoid disclosing certain sensitive information to the defense, if they can convince the judge there is sufficient cause to do so.
If you or someone you know has been arrested for a criminal offense, you will need legal counsel to help you preserve your rights and get you the relief you deserve. A New York criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Suffolk County criminal defense attorneys at McGuire, Peláez and Bennett at (631) 348-1702.
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