Being charged with a crime means a prosecutor or law enforcement agency has formally accused you of a criminal offense. Being convicted means a court has found you guilty, either after a trial or through a guilty plea. A charge starts the legal process, while a conviction ends it with a determination of guilt.
Understanding this difference is essential for anyone facing criminal allegations in Suffolk County or anywhere on Long Island, because what happens between a charge and a potential conviction determines your future.
At the Law Offices of Jason Bassett, P.C., Suffolk County criminal defense lawyer Jason Bassett represents individuals facing charges at every stage of the criminal justice process. As a former prosecutor with over 21 years of experience, Mr. Bassett understands how cases move from arrest through trial in both Nassau County and Suffolk County courts. His background on both sides of the courtroom gives clients a strategic advantage when building a defense.
This guide explains how criminal charges are filed in New York, what happens during arraignment, what rights you have after being charged, how the trial process works, and what a conviction means for your record. You will also learn about plea bargains, defense strategies, and options for sealing a conviction. Call the Law Offices of Jason Bassett, P.C. at (631) 259-6060 to discuss your case.
What Is the Difference Between Being Charged and Being Convicted?
The main difference is legal status. A criminal charge is a formal accusation. A conviction is a finding of guilt. These two stages carry very different consequences under New York law, and a charge does not mean you will be convicted.
When someone is charged, a prosecutor files an accusatory instrument, such as a misdemeanor complaint, information, or indictment, with the court. In New York, a criminal action is commenced by the filing of an accusatory instrument in a criminal court. At this point, the accused is presumed innocent and has the right to challenge every piece of evidence the prosecution presents.
A conviction occurs only after the prosecution proves the defendant’s guilt beyond a reasonable doubt at trial, or when the defendant enters a guilty plea. This is a much higher standard than the probable cause required to file charges. Many cases that begin with charges never result in a conviction because the evidence is insufficient, procedures were violated, or the defense successfully challenges the prosecution’s case.
How Charges Affect Your Legal Status
Being charged means you become a defendant in the eyes of the court. You gain specific constitutional protections, including the right to remain silent under the Fifth Amendment and the right to legal counsel under the Sixth Amendment. However, you may also face restrictions on your freedom through bail conditions or pretrial supervision.
Your case will appear in the court system, and depending on the type of charge, you may need to make multiple court appearances. In Suffolk County, misdemeanor cases are typically handled at the Cohalan Court Complex at 400 Carleton Avenue in Central Islip, while felony cases that proceed to indictment move to the Arthur M. Cromarty Court Complex at 210 Center Drive in Riverhead.
How a Conviction Changes Everything
A conviction results in a permanent criminal record and triggers sentencing, which may include jail or prison time, fines, probation, or community service. Beyond the courtroom, a conviction can affect employment, housing, professional licensing, and other consequences.
What Does “Guilty as Charged” Mean?
“Guilty as charged” means a judge or jury has determined that the defendant committed the crime exactly as described in the formal charges. This finding requires proof beyond a reasonable doubt, which is the highest standard of proof in the American legal system.
A defendant can also be found guilty as charged by entering a voluntary guilty plea. When a defendant pleads guilty, they accept responsibility for the offense without requiring the prosecution to prove the case at trial. This plea may result from a plea bargain, where the defendant agrees to plead guilty in exchange for reduced charges or a lighter sentence recommendation.
Before entering a guilty plea, it is critical to consult with a criminal defense attorney who can evaluate whether the plea is in your best interest. A plea of guilty carries the same legal consequences as a trial conviction, including the creation of a permanent criminal record.
What Should You Do If You Are Charged With a Crime in Suffolk County?
Assert your right to remain silent immediately. Do not answer questions from law enforcement beyond providing basic identification, such as your name and address. Anything you say during questioning can be used as evidence in your case.
Do not resist arrest or attempt to flee, as doing so may result in additional charges. Cooperate with the physical process of the arrest while keeping silent about the details of the incident. You should also decline to consent to any searches of your home, vehicle, or personal belongings unless law enforcement presents a valid warrant.
The time between arrest and arraignment depends on the severity of the charges. For lower-level offenses, the Suffolk County Police Department may issue a Desk Appearance Ticket (DAT), which is a written notice ordering you to appear in court on a specific date. You will not be held in custody while waiting for this court date.
What Happens at Arraignment
For more serious charges, you may be held for arraignment. After an arrest, New York procedure generally requires that a person be brought before a local criminal court without unnecessary delay, and arraignment then occurs once the accusatory instrument is filed and the defendant is before the court. Under CPL § 170.10, the court must inform you of the charges, advise you of your rights, and ask you to enter a plea of guilty or not guilty. Bail or release conditions are also determined at this stage.
You have the right to have an attorney present during this proceeding. If you cannot afford an attorney, the court will assign one to represent you.
Criminal Defense Attorney on Long Island – Law Offices of Jason Bassett, P.C.
Jason Bassett, Esq.
Jason Bassett, Esq., is a Suffolk County criminal defense attorney and former prosecutor with over 21 years of experience in criminal law. He earned his Juris Doctor from Boston College Law School in 1999 and his Bachelor of Arts from the University of Pennsylvania in 1994.
His career includes service as Special Assistant Attorney General in the New York Medicaid Fraud Control Unit, Chief Deputy Commissioner for the Town of Islip Department of Public Safety Enforcement, and Principal Assistant County Attorney for the Suffolk County Department of Law. He also served as an Assistant District Attorney in the Queens County District Attorney’s Office.
Mr. Bassett is admitted to practice in New York State, the United States District Court for the Eastern and Southern Districts of New York, and the United States Court of Appeals for the Second Circuit. He is a member of the National Association of Criminal Defense Lawyers, the New York State Association of Criminal Defense Lawyers, and the Suffolk County Criminal Bar Association.
Can Your Initial Charges Be Upgraded to More Serious Offenses?
Yes, prosecutors can upgrade charges during a case if new evidence or aggravating circumstances come to light. The prosecution may file amended charges or seek a superseding indictment from a grand jury before trial begins. However, any upgrade must meet specific legal requirements.
The upgraded charges must be supported by probable cause, and prosecutors must present them before jeopardy attaches, which generally occurs when a jury is sworn in or the first witness testifies in a bench trial. You must also receive formal notice of the new charges and have an opportunity to contest them.
Conversely, charges can also be reduced or dismissed. The Suffolk County District Attorney’s Office may agree to reduce charges during plea negotiations, or a judge may dismiss charges if the evidence is insufficient or if constitutional violations occurred during the investigation.
What Are Your Rights After Being Charged in New York?
New York law provides several important protections for anyone facing criminal charges. These rights exist to ensure a fair legal process and to prevent the government from overreaching during prosecution.
Right to Legal Representation
You have the right to hire an attorney or have one appointed if you cannot afford representation. Under the Sixth Amendment and New York State law, this right applies at every stage of the criminal process, from arraignment through trial and sentencing. An attorney can review the evidence, identify procedural violations, and develop a defense strategy specific to your case.
Miranda Rights
When taken into custody and before interrogation, law enforcement must inform you of your Miranda rights. These include the right to remain silent and the right to have an attorney present during questioning. If officers fail to provide Miranda warnings before conducting a custodial interrogation, any statements obtained may be inadmissible at trial.
Bail and Pretrial Release
After being charged, the court issues a “securing order,” which can include release on your own recognizance, non-monetary conditions, or (in bail-eligible cases) monetary bail or remand. In New York, monetary bail and remand are generally limited to specified qualifying offenses, and the court applies statutory criteria when choosing the least restrictive option that will reasonably assure return to court.
Key Takeaway: After being charged in New York, you have the right to an attorney, the right to remain silent, and potential eligibility for pretrial release. Exercising these rights from the start is critical to protecting your defense.
How Does the Grand Jury Process Work in New York?
In New York, serious felony charges require an indictment from a grand jury. The grand jury is a group of citizens who review evidence presented by the prosecution and determine whether there is enough proof to formally charge someone with a felony. This process is distinct from a trial, and the defense generally does not cross-examine witnesses or present a traditional defense case at this stage. However, New York law gives an accused person a statutory right, if properly requested, to appear and testify before the grand jury on their own behalf.
The grand jury operates in secret, and proceedings are confidential. If the grand jury determines that probable cause exists, it issues an indictment, which formally charges the defendant. For misdemeanors and less serious offenses, charges may proceed through a preliminary hearing instead. At a preliminary hearing, a judge reviews the prosecution’s evidence to determine whether probable cause exists to move forward. Unlike grand jury proceedings, preliminary hearings are open to the public.
What Defense Strategies Can Be Used After Being Charged?
Building a defense begins as soon as charges are filed. New York law provides multiple avenues to challenge the prosecution’s case, and the right strategy depends on the specific facts and circumstances involved.
Challenging the Evidence
A defense attorney can file pretrial motions to suppress evidence that was obtained through illegal searches, improper interrogation procedures, or other constitutional violations. Under CPL § 710.10, the court may exclude evidence that was unlawfully obtained. This can significantly weaken the prosecution’s case and may lead to reduced charges or dismissal.
Common Defense Approaches
Defense strategies vary depending on the charges and evidence. Some of the approaches used in New York criminal cases include:
- Mistaken identity: Demonstrating that the wrong person was charged based on eyewitness errors or flawed identification procedures
- Self-defense: Establishing that the defendant acted to protect themselves from imminent harm
- Lack of intent: Showing that the defendant did not have the mental state required for the charged offense
- Alibi evidence: Presenting testimony, records, or documentation proving the defendant was elsewhere when the crime occurred
- Constitutional violations: Challenging warrantless searches, Miranda violations, or other procedural errors
The Role of Witness Testimony and Documentation
Gathering evidence such as surveillance footage, medical records, phone records, and witness statements can be essential to building a strong defense. An attorney can issue subpoenas to obtain relevant records and depose witnesses to preserve their testimony for trial.
Key Takeaway: Defense strategies in New York may include suppressing illegally obtained evidence, challenging witness identification, and presenting alibi evidence. An experienced attorney can identify the most effective approach for your case.
The Law Offices of Jason Bassett, P.C. represents clients in state and federal courts throughout Long Island. Call (631) 259-6060 to begin building your defense.
How Do Plea Bargains Work in New York?
A plea bargain is an agreement between the defendant and the prosecution in which the defendant agrees to plead guilty to a specific charge in exchange for a concession. That concession may include reduced charges, a lesser sentence recommendation, or the dismissal of other counts. Plea bargains are common in New York and resolve a significant majority of criminal cases without going to trial.
Advantages and Risks of Accepting a Plea Deal
Accepting a plea deal may result in a lighter sentence and avoid the uncertainty of a trial verdict. It can also resolve the case more quickly, reducing the stress and expense of prolonged court proceedings. However, a guilty plea is a conviction, and it carries lasting consequences.
Before accepting any plea offer, you should understand exactly what you are giving up. A plea typically requires waiving your right to a trial, your right to appeal, and your right to confront witnesses. These are significant rights, and the decision to waive them should not be made without careful legal analysis.
| Plea Bargain Consideration | Potential Advantage | Potential Risk |
|---|---|---|
| Reduced charges | Lower penalties, less severe record | Still results in a conviction |
| Sentence recommendation | May avoid jail or prison time | The judge is not bound by the recommendation |
| Case resolution speed | Avoids months or years of proceedings | Waives right to trial and appeal |
| Charge dismissal (other counts) | Reduces the total number of convictions | The remaining conviction is permanent |
What Happens During a Criminal Trial in New York?
If a case goes to trial, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. This is the highest standard of proof in the legal system and requires the jury or judge to be firmly convinced of guilt based on the evidence presented.
The Trial Process
A criminal trial in New York follows a structured process. It begins with jury selection, where both sides question potential jurors to identify bias. After a jury is seated, both sides deliver opening statements outlining their case theories.
The prosecution presents its evidence first, calling witnesses and introducing physical evidence. The defense then has the opportunity to cross-examine each prosecution witness and challenge the evidence presented. After the prosecution rests, the defense may present its own case, call witnesses, and introduce evidence, although it has no obligation to do so.
Following closing arguments from both sides, the judge instructs the jury on the applicable law. The jury then deliberates in private until it reaches a unanimous verdict of guilty or not guilty.
Possible Trial Outcomes
If the jury returns a not guilty verdict, the defendant is acquitted and cannot be retried for the same offense under the Double Jeopardy Clause of the Fifth Amendment. If the defendant is found guilty, the court proceeds to sentencing, where penalties may include fines, probation, community service, or incarceration. The severity of the sentence depends on factors such as the nature of the offense, criminal history, and any aggravating or mitigating circumstances.
How Does a Criminal Conviction Affect Your Record in New York?
A criminal conviction in New York creates a permanent criminal record that can be accessed by employers, landlords, licensing boards, and other entities conducting background checks. This record includes the charges, the disposition of the case, and any sentence imposed.
Impact on Employment and Housing
Many employers conduct criminal background checks as part of the hiring process. Under New York Correction Law Article 23-A, employers must consider several factors before denying employment based on a conviction, including the nature of the offense, when it occurred, and whether it relates to the job. However, a conviction can still create significant barriers to employment, particularly in fields requiring professional licensure.
Landlords may also consider criminal history during the application process, which can limit housing options. Certain convictions may also affect eligibility for public benefits, educational opportunities, and impact your immigration status.
Record Sealing Under CPL § 160.59
New York does not allow full expungement of criminal records. However, under CPL § 160.59, eligible individuals may apply to seal up to two eligible convictions (no more than one felony) only after at least 10 years have passed since the imposition of sentence on the person’s latest conviction or, if they were incarcerated, their latest release from incarceration, whichever is later, and they must not have any new convictions or pending criminal cases.
Violent felonies, sex offenses, and Class A felonies are not eligible for sealing. The application must be filed with the court where the most serious conviction occurred, and the district attorney receives a copy to respond.
Talk to a Suffolk County Criminal Defense Attorney
Facing criminal charges can affect every area of your life, from your freedom and your career to your family relationships. The difference between a charge and a conviction is significant, and what happens during the time between those two stages depends largely on the quality of your legal defense.
Jason Bassett has represented defendants in Suffolk County and Nassau County criminal courts for over two decades. At the Law Offices of Jason Bassett, P.C., he handles cases defending clients charged with felonies, misdemeanors, and violations at both the state and federal levels. His experience as a former prosecutor gives him direct insight into how the Suffolk County District Attorney’s Office builds and presents cases.
Call the Law Offices of Jason Bassett, P.C. at (631) 259-6060 to schedule a consultation. The office is located at 320 Carleton Avenue, Suite 4200, Central Islip, New York 11722, and serves clients throughout Suffolk County, Nassau County, and Long Island.