After Arraignment

If you are charged with a felony and have already been arraigned in Criminal Court, your case will be sent to a court part where felony cases await the action of the grand jury. In rare instances, a hearing upon the felony complaint (preliminary hearing) may be held to determine whether the prosecutor has enough evidence to hold you in jail while waiting for the grand jury to hear your case.

If you are charged with a felony and are in jail because you were remanded or are unable to post bail, the prosecutor must present evidence in your case to the grand jury no later than 144 hours (six days) after your arrest. This is called the “180.80 day,” after the appropriate Criminal Law statute. If the prosecutor does not present the evidence to the grand jury by the 180.80 day, you will be released from jail on your own recognizance (R.O.R.’d) unless the prosecutor can show a judge why the case could not be presented sooner to the grand jury.

If you are released from jail, this does not mean that your case has been dismissed. You must still return to court on any date set by the judge.

If the grand jury finds that there is enough evidence that you committed a crime, it may return a ‘true bill” or an indictment. If the grand jury finds that there is not enough evidence that you committed a crime, it will return a “no true bill” and you will be released from jail. If you give up your right to have your case presented to the grand jury, the prosecutor will file a Superior Court Information (S.C.I.).

If you are charged with a misdemeanor and cannot post bail, you will remain in jail for approximately five days. If the prosecutor fails to provide the court with certain legal documents in support of the misdemeanor complaint which was filed by the police officer who arrested you, a judge will release you on your own recognizance (R.O.R.’d). Again, this does not mean that your case is dismissed. You must still return to court on the date set by the judge.

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