Felony Complaint, Indictment, Superior Court Information (SCI)

All felonies in New York State must be charged by either a Felony Complaint, Indictment or a Superior Court Information (SCI).  In Westchester County, Rockland, Orange, Putnam and Dutchess Counties it is common to see a felony charged by way of a Felony Complaint.  However, in New York City, Bronx, Queens and Brooklyn Felony Complaints are rare. 

FELONY

First, some basic information about Felony Charges.  A Felony is a charge that can result in State Prison upon conviction usually over one year.  In New York State felonies are the most serious crimes.  Felonies are classified from the most serious “A” felonies to the less serious “E” felonies.   All felonies have the potential for a state prison sentence and are generally more complex then lesser crimes.

Accusatory Instrument

An “Accusatory Instrument” is the generic term that describes a variety of documents used to accuse a person of a crime.  A Felony Complaint, Indictment and Superior Court Information are all “Accusatory Instruments”.  The Accusatory Instrument sets forth the crime charged and in most cases the facts supporting the crimes charged.

Felony Complaint

A felony complaint serves as the basis for the commencement of a criminal action, but NOT as the basis for a prosecution.  CPL 100.10 and CPL 1.20.  Basically, a Felony Complaint can start a case but not finish it.  In order for the case to be brought to trial an Indictment or Superior Court Information is necessary.

In Westchester County, Putnam, Dutchess, Rockland and Orange counties in a local justice court such as Bedford, White Plains City Court, Greenburgh, Yonkers, North Castle, Port Chester in Westchester County a Felony Complaint will be filed by the police and the District Attorney.  When an accused appears in those courts or any justice court a felony complaint will charge a felony.  If an accused appears in County Court such as White Plains, Westchester County Court at 111 Dr. Martin Luther King Jr. Blvd. or in Goshen, New York in Orange County Court 255-285 Main Street a felony charge is usually prosecuted by way of an Indictment or Superior Court Information.

Indictment

An indictment occurs only after a grand jury has voted to prosecute a charge(s) against an accused.  The Grand Jury Process will be discussed in another blog but for these purposes the point is that a felony must be prosecuted by way of indictment after a grand jury vote.

Superior Court Information

A Superior Court Information (SCI) is an instrument that a prosecutor can use to charge a felony but only if the accused waives their right to a Grand Jury.  An SCI is usually a accusatory instrument filed by the District Attorney during a plea bargain on a felony charge in County Court.  As part of that plea bargain the accused must agree to waive prosecution by Indictment and therefore a Grand Jury presentation.  Since this is a plea bargain it is usually agreed to prior to Court.

Speedy Trial and Discovery Concerns

Since a Felony Complaint is not a trial instrument, a prosecutor in local court can not announce readiness for trial under CPL 30.30.  Such and announcement would be illusory.  Readiness for trial on a felony charge requires an indictment.

Where a felony is charged in local court the accused is arraigned on the felony and arraigned on the felony again after an indictment.  Once the arraignment after indictment defense counsel will be able to obtain discovery, a bill of particulars, engage in motion practice and assert certain defenses.

Best Felony Defense

The best defense on any felony charge is to get as much information from the prosecution as possible before an indictment.  By way of policy several District Attorney Offices are less willing to negotiate with an accused after an indictment.  This is true in Westchester County, Putnam, Dutchess, Rockland and Orange Counties.  Of course, every case is different but the main concern is to avoid indictment if possible since the penalties are much more severe than a charge of a misdemeanor or violation.  Also, an accused does have the right to testify at a grand jury presentation and in some cases this is absolutely essential.

If an Indictment has already been handed down without a felony complaint it is very important to obtain all of the discovery in the case quickly and review the file with the accused to determine the best defense.  Afterwards, the criminal defense attorney should immediately contact the district attorney to determine their position on the case, and get any more information not obtained in discovery to determine the strength of the prosecutions case.  Only then can accused make an informed decision regarding how to proceed.  Lastly, it is absolutely essential that the accused and their attorney keep in contact with each other on a regular basis.

I hope this information has proven helpful.  The differences between Felony Complaint, Indictment and Superior Court Information (SCI) are important and should be reviewed carefully since there are so many different consequences at each level.