What
is Legal Aid, 18-B, N.Y.C.D.S and N.D.S.?
How can I find an attorney?
Where do I find information on bail
bonds?
Where do I post cash bail?
How do I have cash bail refunded?
What is a bail remission motion
and how do I file one?
Where do I pay a fine, surcharge, or
crime victims assistance fee?
How do I find out where a case is pending?
What do I do if I missed a court
date?
How do I obtain a copy of the minutes?
How can I order a court file that is
not stored on-site?
How do I obtain a Certificate
of Disposition?
How do I have my records sealed
or expunged?
How do I get vouchered property
released?
How do I apply for a Certificate of
Relief from Civil Disabilities?
How do I obtain access to sealed
records?
How can I obtain a copy of my Criminal
History Report (rap sheet)?
How can I correct misinformation or
mistakes on my "rap sheet"?
Where do I file a notice of appeal?
Where do I file a post-judgment motion?
How do I file a Writ of Habeas Corpus?
What is Legal Aid, 18-B,
N.Y.C.D.S and N.D.S.?
The Legal Aid Society, the 18-B Panel of the Appellate Division,
The New York County Defenders Services, and Neighborhood
Defender Services are all publicly funded organizations which
provide attorneys to represent defendants in criminal matters.
To qualify for such representation, a defendant must be indigent,
that is unemployed or earning only a minimal amount of money.
How can I find an attorney?
To find an attorney call the Association of the Bar of the
City of New York Legal Referral Service at (212) 626-7373
(English), (212) 626-7374 (Spanish) or check the yellow pages
of a local phone book.
Where do I find information
on bail bonds?
For information on bail bonds, check the yellow pages under
BAIL BONDS, or request a current list of approved Bail Bondsmen
List from the Central Clerks' Office, 100 Centre Street,
Room 1000, New York, NY 10013, (646) 386-4000.
Where do I post cash bail?
Bail can be posted at the New York City Department of Correction
facility where the defendant is being held or at any of the
following:
- Manhattan House of Detention, 125 White
Street, New York, NY 10013
- Rikers Island, 11-11 Hazen Avenue, East
Elmhurst, NY 11370
For further information on inmates, bail, visiting hours,
and travel directions call (718) 546-0700.
Bail can also be posted at the courthouse if the defendant
is in the court pens for a scheduled court appearance. Notify
the clerk in the part in which the defendant's case is pending
of your intention to post bail. You will be referred to the
Central Clerks' Office, 100 Centre Street, Room 1000, New
York, NY 10013, (646) 386-4000. Bail can only
be posted by certified check, teller's check, money order,
or cash. Checks or money orders must be endorsed "County
Clerk-New York County."
How do I have cash bail
refunded?
Generally, cash bail is refunded upon final disposition
of the case. If, after cash bail is posted, bail is increased
or the defendant is released on his/her own recognizance
and the original bail is exonerated, a cash bail refund is
also then available. A cash bail refund order will be issued
by the court on the same day that the case is concluded or
when the bail is exonerated. Refund checks do not come from
the court. If you have not received your bail money within
three weeks from the date the case was finished or the bail
was exonerated, contact either the NYC Finance Dept., 1 Centre
Street, Room 2200, New York, NY (212) 669-2879 or the Central
Clerks' Office, 100 Centre Street, Room 1000, New York, NY
10013, (646) 386-4000.
Except in the instance where a court case results in a dismissal
or acquittal, 3% will be deducted from posted bail upon its
refund.
What is a bail remission
motion and how do I file one?
A bail remission motion is a request for a refund of bail
money that was forfeited. Application must be made within
one (1) year from date of forfeiture before the Administrative
Judge of Supreme Court, New County. In all applications for
the remission of bail forfeitures, please be advised of the
following:
- All applications for the remission of bail
will be litigated. The court will not consider any papers
until the District Attorney's Office has had an opportunity
to respond.
- A County Clerk's Index Number must be purchased
and the number endorsed on all moving papers. Index numbers
are purchased at 60 Centre Street, Room 141, New York,
NY 10007. The fee is $210.
- All applications for remission must include
proof that copies of the papers were served upon the Special
Projects Unit of the District Attorney's Office, 80 Centre
Place, Room 402, New York, NY 10013, and that the District
Attorney has been given the statutory five days notice.
All applications must be made within one year after forfeiture.
The Court must deny any request to waive this requirement
whether or not the District Attorney consents.
- The attorney's affidavit must contain facts
as to the criminal offense, its disposition, if any, the
posting of bail, the date of the forfeiture, any stays
of the proceeding when the defendant was absent, facts
regarding the defendant's return to custody, the date of
the entry of judgment (for bonds only), a statement that
no more than one year has elapsed since the forfeiture
and a statement that the rights of the People have not
been prejudiced. The affidavit must also include a statement
as to whether any previous application for similar relief
has been made and the results thereof. If this is a renewed
application, it must specify in detail any new facts.
- Supporting affidavits(s) must be based
on the affiant's own personal knowledge; hearsay affidavits
are of no value. Any substantiating documentation to support
the motion (doctor's note, hospital records, etc.) may
be included but do not replace a supporting affidavit based
upon personal knowledge.
- All motions are returnable to the Motion
Support Unit, 100 Centre Street, Room 1010, New York, NY
10013 (646) 386-3860. The bail remission motion together
with the response and the court file are then sent to the
administrative Judge for decision. There is no set time
limit for decision. When a decision is rendered, all parties
will be notified.
Where do I pay a fine, surcharge,
or crime victim assistance fee?
Fines, mandatory surcharges, and crime victim assistance
fees are payable in the Central Clerks' Office, 100 Centre
Street, Room 1000, New York, NY 10013, (646) 386-4000. Acceptable forms of payment are certified checks, teller's
checks, money orders or cash. All payments must be made in
the exact amount due. If both a fine and a surcharge were
imposed, the fine must be paid first. Separate checks or
money orders are required for fines and surcharge payments.
How do I find out where
a case is pending?
Alphabetical lists of defendants are posted daily in the
lobby of 100 Centre Street, New York, NY 10013, in the Central
Clerks' Office at 100 Centre Street, Room 1000, New York,
NY 10013, (646) 386-4000, and in the Clerks'
Office at 111 Centre Street, Room 927, New York, NY 10013
(646) 386-4300. In addition, each court part has a
calendar listing cases to be called in the part that day.
If the defendant's name does not appear in either place,
ask for assistance at one of the offices listed above.
Another way to find out where your case is pending is by
going to http://e.courts.state.ny.us/.
Click on "future criminal court appearance," fill
in the defendant's name and click on "find court date." The
indictment number, court part as well as the date are provided.
What do I do if I miss
a court date?
Contact the court part where your case is pending or the
Central Clerks' Office, 100 Centre Street, Room 1000, New
York, NY 10013, (646) 386-4000 to find out if
you have been given a new date to appear. If you have not
and a warrant for your arrest has been issued, contact your
attorney and appear in court as soon as possible.
COURTROOM
DIRECTORY
How do I obtain a copy
of the minutes?
To request a transcript of court minutes, you must have
the following information:
- The defendant's name
and/or the indictment number.
- Date(s) of the proceeding.
- The court part and/or
the court reporter's name.
If you do not know the name of the court reporter or his/her
phone number, you can call the Central Court Reporters' office
at (646) 386-4400 to find out. The name of the court reporter
for each court appearance can also be found on the court
file, which is generally in the court part where the case
is pending. If the case is concluded, the court file is in
the Central Clerks' Office, 100 Centre Street, Room 1000,
New York, NY 10013 (646) 386-4000. You can also
call the Central Clerks' Office to find the name of the court
reporter. Requests for transcripts must be made directly
to the court reporter who recorded the proceedings in question.
Court reporters are entitled to a fee for the minutes they
transcribe. The amount of the fee depends on how quickly
the transcript is needed and the length of the proceeding.
The current rates are as follows:
- Regular delivery (more than two weeks)
- $3.30 - $4.30 per page.
- Expedited delivery (within two weeks) -
$4.40 - $5.40 per page.
- Daily delivery (same day) - $5.50 - $6.50
per page.
Be advised that if a defendant is appealing a judgment and
has been granted poor person relief by the Appellate Division,
all pertinent minutes will be provided by the court reporter
to the Appellate Division free of charge to the defendant.
Application for poor person relief by a defendant who has
filed a notice of appeal must be made directly to the Appellate
Division, First Department, at 27 Madison Avenue, New York,
NY 10010, (212) 340-0400. Forms to request poor person relief
are available in the Appeals Bureau of the Supreme Court,
located at 100 Centre Street, Room 1201, New York, NY 10013,
(646) 386-3932.
How can I order a court
file that is not stored on-site?
The Central Clerks' Office maintains files from 1992 to
the present. In addition, all sealed files are on the premises.
It is necessary to have the indictment number for the particular
file you are requesting. The indictment number should be
listed on any document or communication from the court. The
indictment number can also be obtained if you know the date
and part in which the case was on the court's calendar. Court
calendars can be found in either the Central Clerks' Office,
100 Centre Street, Room 1000, New York, NY 10013, (646) 386-4000, or in the court part in which the proceeding
took place.
Courtroom Directory
To order a file not on-site, contact the Central Clerks'
Office at the above telephone number. Requests are submitted
each Monday to our storage facility and files are delivered
on Thursday of each week.
How do I obtain a
certificate of disposition?
To obtain a certificate of disposition, bring the following
information to the Central Clerks' Office, 100 Centre Street,
Room 1000, New York, NY 10013, (646) 386-4000.
- Indictment or SCI number.
- Defendant's full name.
- Defendant's date of birth.
If you are the defendant on a sealed case, you must bring
a picture I.D. If requesting a disposition for a defendant
who has a sealed case, you must submit a notarized letter
from the defendant giving permission to release the disposition.
Certificates of disposition cost $10.
Certificates of Disposition are also available through the
mail. Send a $10 certified check or money order together
with the information listed above to:
Correspondence Unit
100 Centre Street
Room 1001
New York, NY 10013
How do I have my records
sealed or expunged?
If a case results in an acquittal, dismissal, or Youthful
Offender (Y.O.) adjudication, the records are automatically
sealed at the time of the disposition. Except for these circumstances,
there is no provision in the Criminal Procedure Law for the
sealing or expunging of a conviction.
How do I get vouchered
property released?
You will need a copy of your Property Clerk's Receipt, a
release from the District Attorney's office, and a certificate
of disposition from the Central Clerks' Office, 100 Centre
Street, Room 1000, New York, NY 10013, (646) 386-4000. These items must be taken to the NYC Police Department's
Property Clerk's Office, located at Police Headquarters,
One Police Plaza, Room S-20, Avenue of the Finest and Madison
Street, where vouchered property can be retrieved. To get
there, take the 4, 5, or 6 train to the Brooklyn Bridge Station
or the M15 bus to St. James Place and Pearl Street.
For more information, go to the following web site: http://www.nyc.gov/.
Under "Jump to City Agency Web sites," select "Police." Then use the "Search" and
type in "property clerk."
How do I apply for a Certificate
of Relief from Civil Disabilities?
To apply for a certificate of relief from civil disabilities,
obtain a form from the Central Clerks' Office, 100 Centre
Street, Room 1000, New York, NY 10013 (646) 386-4000. The form must be completed, notarized, and
returned to the Central Clerks' Office at the above location.
The form then must be signed by the sentencing judge, sealed
and given to the Probation Department. The Probation Department
will prepare a report and submit it to the judge with a recommendation.
The judge will then render a decision either granting or
denying the request.
A judge may not grant such relief if a state prison sentence
was imposed. In such a case, an application must be made
to: Certificate Review Section, NYC Division of Parole, 97
Central Avenue, Albany, NY 12208, (518) 473-9400 or (518)
474-3693.
How do I obtain access
to sealed records?
If you are the defendant on a sealed case, you may have
access to your own records upon presentation of a picture
I.D. to a clerk in the Central Clerks' Office, located at
100 Centre Street, Room 1000, New York, NY 10013, (646) 386-4000. Anyone other than the defendant must get an unsealing
order signed by a Supreme Court judge. By statute, unsealing
orders are available only under certain circumstances.
How can I obtain a copy
of a criminal history record (rap sheet)?
The Office of Court Administration has a procedure for providing
electronic searches of criminal history records upon request.
New York County is one of 13 counties for which a search
is available. Searches in New York County go back as far
as 1976. The search fee is $16 per name, per county. Applications
may be filed in person weekdays 9:30 a.m. to 4:30 p.m. at:
NYS Office of Court Administration
Office of Administrative Services
Criminal History Record Search
25 Beaver Street (Room 840-Front Counter)
New York, NY 10004
To receive an application or for more information, call
(212) 428-2810.
If you wish to obtain a copy of your own criminal history
record, you may also contact one of the following:
1) Legal Action Center
225 Varick Street, 4th Floor
New York, NY, 10014
(212) 243-1313
Appointments to get copies of Criminal
History
Reports (rap sheets) can be made Mon-Fri 9 a.m.-5 p.m. They do not take walk-in's. You must make an appointment with the Rap Sheet Coordinator.
2) Police Headquarters
One Police Plaza (between Avenue of the Finest and Madison
Street)
Room 152-A
New York, NY 10002
(212) 374-5541
A request should be made for an "Albany Package." There
is a $15 fee for fingerprinting (money orders only). It is
the responsibility of the person requesting the "rap
sheet" to send the fingerprints, the form provided in
the "Albany Package", and a money order for $25
for the processing fee to Albany.
How can I correct misinformation
or mistakes on my "rap sheet"?
Contact the Legal Action Center, 153 Waverly Place, New
York, NY 10014, (212) 243-1313. A copy of their manual "How
to Get and Clean Up Your New York Rap Sheet" will tell
you all you need to know to correct rap sheet mistakes. There
is no cost for this service.
How do I file a notice
of appeal?
A notice of appeal must be served within 30 days of sentence
on the New York County District Attorney's office, located
at One Hogan Place, New York, N.Y 10013, and filed within
30 days of the sentence with the Appeals Bureau of the Supreme
Court, located at 100 Centre Street, Room 1201, New York,
NY 10013, (646) 385-3932. If applicable, attached
to the notice of appeal should be a request for poor person
relief which states that the appellant cannot afford to hire
an attorney due to insufficient income and assets. Forms to
request poor person relief and profile statements are available
in the Appeals Bureau at the above location. For more information,
defendants should refer to the written notice of their right
to appeal, received from their trial attorney after the pronouncement
of sentence.
Where do I file a post-judgment
motion?
Post judgment motions must first be served on the New York
County District Attorney's Office, located at One Hogan Place,
New York, N Y 10013, then filed with the Motion Support Unit
of the Supreme Court located at 100 Centre Street, Room 1007,
New York, NY 10013, (646) 386-3860.
How do I file a Writ of Habeas Corpus?
Supreme Court - New York County - Criminal Term
1. Take the Writ and Verified Petition to 60 Centre Street, New York County - Supreme Court - Civil Term. Purchase an index number from the County Clerk's Office, Room 141B. NO WRIT WILL BE ACCEPTED WITHOUT AN INDEX NUMBER. The Legal Aid Society does not have to pay the required fee, but must demonstrate to the County Clerk that the defendant is represented by the Society.
2. Take the Writ to the Ex-Parte Motion Part at 60 Centre Street, Room 315 (3rd floor). Submit the Writ and Verified Petition to the clerk. The Writ MUST be signed by a Civil Term Supreme Court Judge assigned to this Ex-Parte Motion Part. The Writ must also be recorded in the Ex-Parte Motion Part.
3. If it is necessary for the Writ to be returnable the same day it is signed, PRIOR to going to the Ex-Parte Motion Part at 60 Centre Street, you must obtain permission from the Judge assigned to the Grand Jury Part (generally Part 60 or Part 70) at Supreme Court - Criminal Term, 100 Centre Street. Both Parts 60 and 70 are located on the 11th floor. Once you have permission to add this matter to the calendar, you must return to the Ex-Parte Motion Part at 60 Centre Street, Room 315, as described above. You must tell the clerk to make the Writ returnable on that day. You may be asked to add in handwriting to the Writ that you have already obtained permission for it to be returnable the same day.
4. You must serve a copy of the Writ and Verified Petition on the Office of the District Attorney, 1 Hogan Place , 7th floor.
5. Take the signed original Writ and Petition with proof of service on the District Attorney's Office to the motion clerk at Supreme Court, 100 Centre Street, Room 1000 (10th floor). DO NOT take the Writ directly to the court part.
6. The motion clerk will docket the Writ and add it to the appropriate court calendar.
7. If you wish the defendant to be produced before the court on the day the Writ is returnable, you must serve the Department of Corrections with the Writ after it is served on the District Attorney's Office. A defendant cannot be produced for a Writ made returnable the same day it is signed. If the defendant's production is waived, there is no need to serve the Writ on the Department of Corrections.
8. After the Writ is heard, if you wish to obtain a certified copy of the Judge's decision on the Writ, ask the part clerk to return the Writ to the motion clerk. A certified copy can then be obtained from the clerk in Room 1000. The Appellate Division requires a certified copy of the Court's decision on a Writ in order to file an appeal.
Appellate Division Procedure
1. Agree with the Assistant District Attorney to an expedited briefing schedule for the appeal. If there is no agreement, both the defense attorney and the Assistant District Attorney must go to the Appellate Division at 27 Madison Avenue at 25th Street, New York City, to obtain a court ordered expedited schedule.
2. To file an appeal, the following must be provided to the Appellate Division:
- A Stipulation of Expedited Briefing schedule
- Two Notes of Issue
- A Brief on Appeal, including a Rule 5531 statement
- A Record on Appeal, under separate cover, including a certification of accuracy (Rule (?) 2105)
- A Request for oral argument
- An affidavit of Service of all the above documents on the District Attorney's Office
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