This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Under New York law, parties who can view or obtain a nonpublic arrest record include the subject of the record (with ID), someone the subject designates (with ID), and official personnel for approved purposes. Any other party must procure a court order that permits disclosure.
A certified disposition can only be issued by the court where the case took place. Courts have different procedures and requirements for how to get a certified disposition. Some courts may require that you make your request in person, while others may honor requests made by mail, phone, or online.
In New York criminal cases, the burden of proof requires the prosecutor to prove the defendant's guilt beyond a reasonable doubt. Reasonable doubt is the highest standard of proof in the legal system. It means that the jury or judge must have a moral certainty that the defendant committed the crime.
Seeking justice often motivates pressing charges. Filing charges ensures perpetrators are held accountable, potentially leading to imprisonment or fines. This formal recognition of harm provides a sense of justice, validating the victim's experience.
Sitting in jail without seeing a judge for days on end is not legal in New York. For minor charges, arraignment must happen within 24 hours. For felonies, the limit is 72 hours.
SENTENCING occurs post-conviction and can be decided by either judge or jury. Essentially this is the “punishment” for your conviction in a crime.
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
A request for emergency relief pending the determination of an appeal or a motion for permission to appeal shall be brought on by order to show cause. The applicant shall contact the clerk's office in advance of the filing. The papers shall be filed as directed by the clerk's office.
In order to respond to a motion or an order to show cause, you must prepare answering papers. If you disagree with what is being asked for in the motion or order to show cause, you must prepare an affidavit in opposition (see Exhibit A).
How do I obtain a certificate of disposition? To obtain a certificate of disposition, bring the following information to the Central Clerk's Office, 100 Centre Street, Room 1000, New York, NY 10013, 646-386-4000. Indictment or SCI number. Defendant's full name.