What happens at a criminal arraignment in Ulster County
An arraignment is the first court appearance after a criminal arrest in Ulster County, New York. At this hearing, the judge formally tells you what charges have been filed, advises you of your rights—including the right to counsel—and asks how you plead. The court also addresses bail or release conditions. In Ulster County, misdemeanor arraignments are typically held in the local criminal court, while felony arraignments take place in Ulster County Supreme Court. Because New York’s 2020 bail reform eliminated cash bail for most misdemeanors and non‑violent felonies, many people are released on their own recognizance after the arraignment. Still, every case is different. What happens at the arraignment can affect the entire course of your case, from release conditions to the timing of future proceedings. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent clients at arraignments in Ulster County. Call (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding the Arraignment Process in Ulster County
In New York, the arraignment is governed by the Criminal Procedure Law (CPL). The purpose is to ensure that you understand the charges and that your constitutional rights are protected. When you arrive at court—whether at the local criminal court for a misdemeanor or the Ulster County Supreme Court for a felony—the judge will read the accusatory instrument, which is the document that lists the offenses the prosecutor alleges you committed. You will be asked to enter a plea: guilty, not guilty, or, in some limited circumstances, no contest.
One of the most important things the judge does at arraignment is determine whether you will be released or held while the case proceeds. Before New York’s bail reform, cash bail was common even for low‑level offenses. Today, most people charged with misdemeanors and non‑violent felonies are released on their own recognizance, sometimes with conditions such as reporting to a pretrial services agency. In more serious felony cases, the prosecutor may argue for bail or detention. The judge will consider the nature of the charges, your ties to the community, and your criminal history. If you cannot afford an attorney, the court will appoint one for you—usually from the Legal Aid Society or the Assigned Counsel Plan.
After the arraignment, the case moves forward. For misdemeanors, the next step is often a conference or a motion schedule; under CPL § 30.30, the prosecution must be ready for trial within 90 days of arraignment for a misdemeanor and six months for a felony, though many periods of delay are excluded. For eligible first‑time offenders, an Adjournment in Contemplation of Dismissal (ACD) may be offered. An ACD puts the case on hold for six to twelve months; if you stay out of trouble, the charges are dismissed automatically. Mr. Sris and his Of Counsel can explain these options at your arraignment and help you make informed decisions.
Frequently Asked Questions
What is a criminal arraignment?
A criminal arraignment is the first formal court appearance after an arrest, during which a judge informs you of the charges, advises you of your rights, and asks for your plea. In New York, the arraignment also addresses release or bail. The judge will typically ask whether you have an attorney or need one appointed. The arraignment sets the stage for all later proceedings, including motion practice and trial scheduling.
Where do arraignments take place in Ulster County?
In Ulster County, misdemeanor arraignments are held in the local criminal court, while felony arraignments take place in Ulster County Supreme Court. The exact courthouse depends on the location of the arrest. For example, an arrest in Kingston may be arraigned in Kingston City Court. The court address is 285 Wall Street, Kingston, NY 12401. Mr. Sris and his Of Counsel appear in all Ulster County criminal courts.
What will the judge ask me at my arraignment?
The judge will ask you to confirm your name and address, state the charges against you, advise you of your right to counsel, and ask how you plead. The judge will also address release: whether you are to be released on your own recognizance, set bail, or impose non‑monetary conditions. You should answer the judge’s questions truthfully but are not required to discuss the facts of your case beyond entering a plea.
Do I need a lawyer at the arraignment?
While you are not required to have an attorney at arraignment, having counsel present can significantly affect the outcome of the hearing. An experienced criminal defense attorney can argue for your release without bail, negotiate with the prosecutor for an ACD or reduced charges, and help you avoid statements that could be used against you later. If you cannot afford an attorney, the court will appoint one.
Can charges be dismissed at the arraignment?
It is uncommon for charges to be dismissed outright at arraignment, but in some situations a prosecutor may agree to dismiss a charge or offer an ACD on the spot. For example, if the accusatory instrument is defective or the evidence is weak, defense counsel may move to dismiss. Otherwise, the arraignment is the starting point for the case, and dismissal usually occurs later through motion practice or pretrial negotiations.
How does bail work in Ulster County after the 2020 reform?
Under New York’s bail reform, cash bail is eliminated for most misdemeanors and non‑violent felonies. For those offenses, judges must release defendants on their own recognizance or impose non‑monetary conditions such as supervised release. Bail is still available for violent felonies and certain qualifying offenses. The judge will consider factors like flight risk and public safety when deciding release conditions.
What is an Adjournment in Contemplation of Dismissal (ACD)?
An ACD is a disposition that allows a criminal case to be adjourned for a set period—usually six to twelve months—after which the charges are dismissed if the defendant stays out of trouble. ACDs are often available for first‑time offenders charged with low‑level offenses. Acceptance of an ACD does not require a guilty plea, and a successful ACD results in the case being sealed.
What if I cannot afford an attorney?
If you cannot afford a private lawyer, the court will appoint one for you at the arraignment. In Ulster County, indigent defense is provided through the Legal Aid Society or the Assigned Counsel Plan. You must provide financial information to the court. An appointed attorney works for you, not the prosecutor, and your communications are protected by attorney‑client privilege.
Should I speak to the prosecutor before the arraignment?
You should not discuss the facts of your case with the prosecutor without an attorney present. While you may need to provide basic identifying information, anything you say can be used against you. If a prosecutor tries to speak with you before the arraignment, politely decline and ask for your lawyer.
What happens after the arraignment if I plead not guilty?
After a not‑guilty plea, the case moves forward with discovery, motion practice, and possible pretrial hearings. The judge will schedule the next court date—often a conference or a hearing. Your attorney will receive the prosecutor’s evidence, investigate the case, and may file motions to suppress evidence or dismiss charges. The timeline depends on the complexity of the case and the court’s calendar.
About Law Offices Of SRIS, P.C.
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced criminal defense since 1997. Admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, he and his Of Counsel bring extensive combined legal experience to every matter. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His team understands New York criminal procedure and appears regularly in Ulster County courts. Results may vary.
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.