CRIMINAL JUSTICE PROCESS

ARREST
ARRAIGNMENT
PRELIMINARY HEARING (FELONIES) 
PRESENTMENT TO GRAND JURY (FELONIES)
ARRAIGNMENT ON INDICTMENT (FELONIES)
PRE-TRIAL HEARINGS 
TRIAL
PRE-SENTENCE INVESTIGATION
SENTENCING 

ARREST - Taking a person into custody to answer a criminal charge. [In Fulton, this is typically performed by the Fulton Police Department. Other agencies, such as the Oswego County Sheriff's Department and New York State Police, occasionally file cases in the City of Fulton.]

ARRAIGNMENT - The person charged, known as the defendant, is given a copy of the written accusation filed against him/her. [In Fulton, arraignments are done in City of Fulton Court. The court is a "state court", under the jurisdiction of the New York State Office of Court Administration. The City of Fulton Court cannot accept a plea for  felony. Felonies must be presented before a grand jury and heard by the Oswego County Court.]

PRELIMINARY HEARING (FELONIES) - Where a defendant is incarcerated, this "probable cause" hearing is presented before a judge who decides whether there is probable cause to believe that the defendant committed a felony. [Although the City of Fulton Court cannot accept a plea for a felony, the court does conduct preliminary hearings. Based upon testimony and evidence presented, the judge determines whether a felony has been committed by the person charged.]

PRESENTMENT TO GRAND JURY (FELONIES) - A District Attorney presents facts to a panel of 16-23 grand jurors. If the majority votes that there is cause to believe a person committed a crime, it is called an indictment. [In Fulton and the rest of Oswego County, the grand jury sits at the Public Safety Center. If a grand jury does not vote  in a majority that there is reasonable cause to believe a person committed a crime, it is called a "no bill".]

ARRAIGNMENT ON INDICTMENT (FELONIES) - The person charged, known as the defendant, is given a copy of the indictment filed against him/her. [Arraignments  for indicted charges are done in Oswego County Court. Felonies, whether a conviction by a jury trial, non jury trial or by a plea, must be handled by the Oswego County Court. Local criminal courts, such as City of Fulton Court and the town and village courts, cannot accept pleas or hold trials for felonies.]

PRE-TRIAL HEARINGS - A hearing without a jury. The judge determines such matters as to what evidence will be admitted and if there is sufficient evidence to go forward.

TRIAL - A judicial examination, with or without a jury, of issues between parties before a court that has jurisdiction over the cause. Trials are governed by rules of evidence and procedure and usually involve the offering of testimony or evidence. [The defendant has the right to a jury trial for crimes - felonies and misdemeanors. However, the defendant can waive the right to jury trial and ask for a non jury trial in which the judge will decide the verdict.]

PRE-SENTENCE INVESTIGATION - Material consisting of prior convictions, employment history, education, family, social background and a victim impact statement prepared by a probation department to assist the trial court in sentencing a criminal defendant after he or she has been convicted. [In Oswego County, these investigations are conducted by the Oswego County Probation Department for City of Fulton Court, as well as other city, town and village courts and for the Oswego County Court.]

SENTENCING - The punishment ordered by a court to be imposed upon a person convicted of a crime. It may include restitution, fines, community service, counseling, probation, incarceration in a jail or prison, or a combination of one or more. [The judge imposes sentence.]