NCJ Number
72558
Journal
Columbia Human Rights Law Review Volume: 8 Issue: 2 Dated: (1977) Pages: 9-14
Date Published
1977
Length
6 pages
Annotation
This manual provides guidelines for prospective persons/defendants within the New York criminal justice system.
Abstract
Advice with regard to arrest and search holds that silence is golden, and should anything need to be said, an attorney should be called. Names of pssible arrest witnesses should be obtained. Searches of the person, home, car, or business should never be permitted, lest rights be waived. Once at the stationhouse, nothing should be said or signed without an attorney present, and assignment of an attorney should be requested. Family, friends, and employers should be present at the original arraignment, and a preliminary hearing should never be waived. At the preliminary hearing, as throughout the system, advice should be asked of the attorney, and then prosecution witnesses should be questioned and the opportunity should be taken to testify. Before the grand jury, the person should testify a serious stand-up defense if possible. In preparing a defense, the law should be read and thoroughly understood, and lawyers should explain the elements of the crime charged and the possible defenses to the charges. Accepting a plea is a completely personal decision, but once taken, shopping for a plea should include extensive bargaining. Organizations can be contacted for help in getting a good plea, and once the plea is decided, the terms for it should be totally and clearly understood. Once preparing for a trial, the attorney should interview all witnesses, and the defendant should avoid antagonizing the judge at all costs. As many witnesses as possible should be called to prove even the most minor points. Defending oneself at trial is not advised, as proper cross-examining is too difficult. Legal aid lawyers and court-appointed lawyers can provide a better defense than the defendant if no money is available for a private lawyer. The attorney picked, however, should be sympathetic and able to get along with the defendant. There should be mutual respect between the lawyer and the defendant. As for appeals, respectable jailhous lawyers are the best counsel as they are generally more willing and able to take the time; also, a criminal appeal attorney should be sought. Finally, the prisoner or defendant should never become an informer, as informing is simply unethical.