How to Open a Criminal File in New York State

Step-by-Step Guide

1. 1

   Step 1: Know if the case is a Misdemeanor

   It should include a charging sheet and a rap sheet as well as a supporting deposition (if the case is a Misdemeanor or Offense.) , If the case is a direct indictment, fill out the indictment number. , If the case is a Misdemeanor or offense, or if the case was a direct indictment or a new case post indictment, send a CPL Section
   240.20 notice to the District Attorney's office.
   
   File a Copy of the notice with an attached affidavit of service with the court and in our file.
   
   Also note the date of the filing(mailing) on the front of the file in the box for Discovery.
   
   If the case is a non-indicted felony, send and cause to be filed (with an affidavit of service) a CPL Section
   190.50 notice. , On Misdemeanors, Offenses, and Indicted Felonies, calendar a date for filing a Demand for a Bill of Particulars 20 days from the date the case was arraigned or from out entrance into the case. ,, It can be faxed but do not forget to attach an affidavit of service. ,,,, Be sure to send both separately so that should he not get one, he will get the other.
2. 2

   Step 2: Offense

3. 3

   Step 3: or Felony and whether the felony is pre or post indicted to know whether you are filing a CPL 240.20 or a CPL 190.50 demand.

4. 4

   Step 4: Obtain the complaint from the prosecuting attorney.

5. 5

   Step 5: Grab a criminal (tan) file and fill out the clients name and his docket or index number.

6. 6

   Step 6: Put all the intake information into Outlook

7. 7

   Step 7: including dates of birth and internet/e-mail information.

8. 8

   Step 8: Calendar the DA's Response to the 240.20 Notice for 17 days from the date of mailing.

9. 9

   Step 9: Calendar a date for Omnibus motions 45 days from the Date of arraignment or the date we filed our Notice of Appearance.

10. 10

    Step 10: If not already accomplished

11. 11

    Step 11: file a Notice of Appearance with the Court and the District Attorney.

12. 12

    Step 12: Immediately return the case to the Attorney who will next handle it

13. 13

    Step 13: and then make sure that they have reviewed the file within 48 hours or sooner if the case is calendered before then.

14. 14

    Step 14: Have a signed retainer letter in the file or a retainer letter that the attorney will get signed on or before the next court appearance.

15. 15

    Step 15: Check to make sure your accounting department has set up a file on this client on Quickbooks or Pro Law or your billing and time management system.

16. 16

    Step 16: Send the client a Welcome to the Firm letter

17. 17

    Step 17: as well as a letter reminding him about his next court date.

Detailed Guide

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