Free · Printable Checklist
The Exact Questions to Ask, at Every Stage
Nobody hands you this list. Every question below is pulled directly from Case Analytica's published breakdowns of New York criminal procedure, real statute citations included. Print it, keep it in your pocket at the courthouse, and ask them in order as your case moves.
1Right After Arrest, Before Any Plea
"Is there a diversion program or restorative justice option available for this case?"
Ask this the same week counsel is assigned, not eventually. Diversion and restorative justice programs can resolve a case without a conviction ever going on the record, but only if someone asks before a plea is entered.
2If You Got a Desk Appearance Ticket
"I have a Desk Appearance Ticket. Am I eligible for Project Reset or an equivalent diversion program in this borough?"
Ask it the same day the DAT is issued, not the week of the court date. Project Reset can mean the DA declines to prosecute entirely, no conviction, no trial, sealed record, but only for people who find out about it in time.
3At a Bail Hearing
"Why was bail set at this amount, and what specifically about flight risk or community ties was cited?"
Judges are required to state their reasoning on the record. If it wasn't clearly explained, your attorney can ask for clarification, and in some cases, request a reconsideration.
4If Bail Is Set but You're Still Not Released
"Has the DA requested a source hearing on this bail, and what specifically is the reasonable cause they've cited?"
A low bail number isn't the same as being free to go. A source hearing can hold someone for days on bail that was never large enough to plausibly be illicit money. The statute requires stated cause, push for it in writing.
5Evaluating a Public Defender's Capacity
Roughly how many active cases are they carrying, how quickly can they respond to calls or messages, and have they handled a charge like yours before?
You're allowed to ask a public defender practical questions about capacity. It's not disrespectful, it's the same due diligence you'd apply to any professional handling something this consequential.
6Evaluating a Private Attorney's Fee
"Is this a flat fee for the whole case, or does it only cover work up to a certain point, like before trial?"
A huge share of sticker shock in criminal defense comes from a retainer that covered pretrial work only, with a much larger fee kicking in if the case goes to trial. Ask this before signing anything.
7If an ACD Is on the Table
"Is an ACD on the table for this charge?" Then: what conditions come attached, and what specifically restores the case to the calendar if something goes wrong?
An Adjournment in Contemplation of Dismissal can resolve a case without a conviction, but the conditions attached to it matter. Get them in writing.
8Felony Drug Charges
"Does judicial diversion under CPL Article 216 apply to this charge?" If not automatically eligible, would the prosecutor consent to it anyway?
Ask before any plea discussion goes further. Get the answer in writing, before signing anything.
9Before You Accept a Plea Deal
"If we didn't take this deal, what would going to trial actually look like, and have you tried a case like this before?"
A fair question for any attorney, public or private. The answer tells you whether the offer in front of you is generous or just convenient.
10If There's an Order of Protection
"What specifically does this order prohibit: is this a full stay-away order, or a limited order that allows some contact?"
Get the answer in writing, not just spoken in the courtroom hallway. A separate contempt charge over conduct you didn't realize was prohibited stacks on top of the original case, it doesn't replace it.
11If the Case Is Taking a Long Time
"What is the actual CPL 30.30 date on my case right now, after excludable time, and can I see how you calculated it?"
If the answer is vague, or nobody has run the calculation recently, that's the sign to ask again, in writing, before assuming the case is simply moving at its own pace.
12At Sentencing, If You're Under 19
"Is this case eligible for youthful offender treatment under CPL Article 720, separate from whatever happened with Raise the Age?"
Ask it at sentencing, not after. Once a conviction is entered and sentence pronounced without a YO finding, that record is set.
13At Sentencing, for Employment and Licensing
"Can I apply for a Certificate of Relief from Disabilities on this conviction, and should we request it now at sentencing?"
Ask it before the sentence is entered, not after a job or license application gets denied months later.
14Years Later, Looking at an Old Conviction
"Do any of my past convictions qualify for sealing under CPL 160.59, and what evidence of rehabilitation should I be gathering now?"
Applies once it's been close to ten years since a conviction or release, with no new conviction since. A Certificate of Relief can often be requested much sooner and addresses a different set of barriers, ask about both in the same conversation.
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