Glossary of Legal Terms
- Sex Offenses
- General Criminal Terms
- Kinds of Crimes
- The Players in a Criminal Case
- Criminal Courts in New York City
- Charging Instruments and Other Paperwork
Sex Offenses
Any crime giving rise to sex offender registration, including New York Sex Crimes, out-of-state crimes with the same elements as New York Sex Crimes, and federal sex crimes. Corr. L. 168-a(2)
New York Sex Offense
SORA sets forth specified New York crimes that are defined as Sex Offenses. Other New York crimes are defined as sex offenses only under certain defined circumstances, such as when the “victim” is under 18 years old. Most New York Sex Offenses are defined in Article 130 of the Penal Law, but not all violations of Article 130 are Sex Offenses under SORA. Because the New York Legislature frequently changes what crimes trigger registration, and because the definitions of the crimes often change, it is essential to consult with an attorney if you have been accused of a crime or think you might be in the future.
Federal Sex Offense
Sex offenses defined by congress and listed in the United States Code. Certain federal offenses are defined as Sex Offenses triggering the registration requirement in New York.
Child Pornography
Child pornography is generally defined as sexually explicit images of individuals under 18 years old. Under the Constitution and Supreme Court cases, the images must be of real children in order to be unlawful. Both state and federal law provide very serious penalties for possession, receipt or transmission of child pornography. For more information, please see our main child pornography page.
General Criminal Terms
Criminal Case
A case brought by the Government or the People which might result in jail or prison (i.e. loss of liberty — not just money; if it’s just about money it is a civil case).
Jail
Short-term detention facility, often run by New York City Department of Corrections.
Prison
Long-term detention facility (i.e. more than one year), usually run by the State of New York Department of Correctional Services or the federal Bureau of Prisons.
Arrest
An official detention. Generally, when a person is arrested, he is brought to the police station, identified, paperwork is filled out and he may be interrogated. He is then brought before a judge for arraignment, theoretically within 24 hours.
Interrogation (”Questioning”)
Formal, sometimes aggressive, questioning by police or officials when a person is first arrested. A person should almost never answer any questions during interrogation without first speaking to a lawyer. All people in the United States have a right to remain silent, a right to an attorney in a criminal case, and a presumption of innocence. Demaning a lawyer before the interrogation begins can often make the difference between being sent to jail or not.
Arraignment
The first appearance before a judge after a person has been arrested. Charges are read, bail is set and the case is adjourned for further proceedings.
Bail
Money or a promise that is put down by a defendant to make sure he will come back to court. For example, bail may be set at $5000 cash. In that case, the defendant (or more likely someone acting on his behalf) has to deposit $5000 with the court. If he does not appear for court, he loses the money and the police come to arrest him. If he comes to court, the bail is returned at the end of the trial.
Guilty Plea
An in-court statement by the defendant that he did a crime. Usually a defendant “pleads guilty” of one crime in return for the prosecutor dropping other charges against him.
Motions
Formal requests to the court for pre-trial relief such as to suppress evidence, compel information to be turned over by the prosecutor, or to dismiss the complaint. Most motions are done in writing and supported by a legal memorandum.
Hearings
Formal proceedings with sworn witnesses making statements about points in issue on the motions (e.g. a police officer stating that the defendant was properly arrested).
Trial
A formal proceeding in which witnesses give testimony to prove that the defendant actually did the crime.
Sentencing
After trial or guilty plea, a date is put down for when the judge decides what the person’s sentence will be. Sentences may include jail time, fines, restitution (i.e. money being paid back to the victim of the crime) and special conditions like probation.
United States Sentencing Guidelines
The United States Sentencing Guidelines are used to help judge’s in federal court determine a proper sentence. Until 2005, the Guidelines were mandatory, meaning that judges were required to follow them. The Supreme Court subsequently made the Guidelines advisory, but they still profoundly influence the sentences handed out in federal court. Calculating the sentence under the Guidelines is a complicated process that takes into consideration the offense conduct, the defendant’s role in the offense, the amount or quantity of illegal items involved (for example, the number of images in a child pornography case), and the defendant’s criminal history.
Appeal
A request to a higher court to overturn the outcome of the trial, usually based on an error at the trial such as the admission of improper evidence or bad jury instructions.
Kinds of Crimes
Felony
A serious crime carrying a possible term of imprisonment of at least one year.
Misdemeanor
A less serious crime carrying a maximum penalty of one year or less.
Violation
In New York state cases only, a non-criminal disposition which can carry up to 15 days in jail but is expunged from your record after a year.
The Players in a Criminal Case
Prosecutor
An attorney for the government who brings criminal cases against individuals. A prosecutor can be either a state district attorneys or a federal U.S. attorney. There are also other offices in New York that can prosecute such as the state Attorney General’s Office, the Special Narcotics Prosecutor, and the U.S. Department of Justice. All of these are considered “prosecutors”.
U.S. Attorney or ”The Government”
Federal (U.S.) prosecutors who bring charges in federal court. Federal prosecutors in New York City belong to either the Eastern District of New York U.S. Attorney’s Office (which includes Brooklyn, Queens and Long Island) or the Southern District of New York U.S. Attorney’s Office (which includes Manhattan, the Bronx and the northern suburbs).
District Attorney or DA or ”The People”
Local—i.e. county-level—state prosecutors. The Manhattan DA is Cryrus Vance. There are separate DAs for Brooklyn, Queens, the Bronx, Westchester and Putnam.
Assistant DA or Assistant U.S. Attorney
The actual prosecuting lawyer who handles the case.
Defendant
A person formally accused of a crime in a complaint or an indictment.
Defense Lawyer
A person who represents a defendant in court. A private attorney may be hired by the defendant. A defendant who cannot afford a lawyer is represented by Legal Aid or from a panel of private attorneys who accept indigent cases.
18-B Lawyer
18-B lawyers are members of a panel screened by the courts and paid by the court to represent poor defendants in New York State courts. Unfortunately, this office does not offer 18-B representation at this time. If you are unhappy with your current court-appointed lawyer, you should ask the judge directly for a new lawyer.
Legal Aid Society
Legal Aid is an organization devoted to defending poor people in New York City. Legal Aid recently brought a class action that secured additional rights for sex offenders with respect to their registration.
Judge
The person who presides over the case. In the U.S. the judge is neutral — meaning he does not bring evidence against a person or help the prosecution. His job is to administer the law and rules fairly. See Courts.
FBI
Federal Bureau of Investigation. Investigates all federal crimes such as sexual exploitation of children.
DEA
Drug Enforcement Administration. Investigates federal drug crimes.
Postal Inspectors
Investigate mail fraud and crimes against postal facilities. May be involved in child pornography investigations that use the mails.
NYPD
The New York City Police Department, which handles local and state offenses in New York City. The current department, headed by Raymond Kelly, took shape when the New York City Housing Police and New York City Transit Bureau were merged into the NYPD.
DHS
Department of Homeland Security, includes the old INS and Customs. Bureau of Immigration and Customs Enforcement (BICE) can investigate and make arrests related to international sex crimes.
Criminal Courts in New York City
Federal Court or ”District Court” or ”U.S. Court”
Where federal cases are heard — i.e. cases brought by the FBI, SEC, DEA or postal inspectors. The two federal courts in New York City are the Southern District of New York (500 Pearl Street), covering Manhattan, the Bronx and north of the city; and the Eastern District of New York (Cadman Plaza East, Brooklyn), covering Brooklyn, Queens and Long Island. There are satellite courthouses in White Plains and Islip, Long Island. New Jersey and all other states also have federal courts.
New York City Criminal Court
The initial court for state criminal cases brought in New York City. There are branches in each borough (the one in Manhattan is at 100 Center Street). Arraignments are held in criminal court — if there is an indictment, the case is moved to Supreme Court. If there is no indictment or if the case is a misdemeanor, it stays in Criminal Court.
State Supreme Court
Trial court for state felonies. There are branches in each county (Manhattan, Brooklyn, Queens, Bronx, Putnam, and Westchester).
Charging Instruments and Other Paperwork
Trial court for state felonies. There are branches in each county (Manhattan, Brooklyn, Queens, Bronx, Putnam, and Westchester).
Complaint
A formal charge sworn to by a police officer or other law enforcement authority. Whenever a person is arrested a complaint is filed which states what the charge is — i.e. why the person was arrested. This is usually the starting point for the defense attorney’s investigation of the case.
Indictment
A formal charge handed down by a grand jury. Indictments are required only in felony cases.
Affidavit
A sworn written statement, sometimes filed with a complaint, setting forth the charges in more detail.
”Sworn”
A sworn written statement, sometimes filed with a complaint, setting forth the charges in more detail.
Rap Sheet
A computer printout of a person’s past crimes. In New York, rap sheets are maintained by the state Division of Criminal Justice Services.
Search Warrant
A piece of paper signed by a judge permitting the authorities to search a particular place. The search warrant generally must be supported by an affidavit which sets forth the basis for an officer’s belief that evidence might be found at the place to be searched. If a person’s home or office is searched pursuant to a search warrant, he or she should generally cooperate with the search, not answer any questions, request a copy of the warrant and any supporting documents, and contact a criminal defense attorney right away.