The following is a general overview of proceedings in a local criminal court and is not to be used as a legal reference in any proceeding before any court. The City Court can try cases involving misdemeanors or violations of the State Penal Law or violations of Local Ordinanccs. The City Court also hears preliminary matters in felony cases before they are transferred to the County Court.
Different procedures exist for bringing criminal charges against an individual.
Misdemeanor charges can be filed in the City Court upon an Accusatory Instrument or Complaint filed by the local police agencies or upon the filing of a Prosecutor's Information by the District Attorney or the City Prosecutor's Office. When an Accusatory Instrument or Prosecutor's Information is filed with the Court, an Arrest Warrant may be issued for the defendant or the defendant may be served with a criminal summons to appear, unless a police agency issued an appearance ticket for the defendant to appear before the Court on a specific date and time. If the defendant fails to appear as directed in the appearance ticket or the summons, the Court may issue a warrant for the defendant's arrest. If the defendant cannot afford an attorney, the Court will direct the defendant to the Public Defenders Officer or file an Application for Assigned Counsel with the Assigned Counsel Office, depending on the jurisdiction. If the defendant or a third party posts bail on behalf of the defendant and if the defendant fails to appear for future court appearances, the bail monies posted may be forfeited.