What happens at a criminal arraignment in Niagara County
When you are charged with a crime in Niagara County, the first court appearance you face is the arraignment. At this hearing, the judge informs you of the charges, advises you of your legal rights, and asks you to enter a plea—guilty, not guilty, or, in some cases, no contest. The court also addresses the issue of release, which may involve bail, release on your own recognizance, or a desk appearance ticket if you were not taken into custody after the incident. Arraignment is the formal start of the criminal process in New York, and what occurs at this stage can influence how your case proceeds. For misdemeanors and violation‑level offenses, arraignment typically takes place in the local criminal court of the town or city where the alleged act occurred—such as the Niagara Falls City Court or the Lockport City Court. Felony matters are arraigned in Niagara County Court or the Niagara County Supreme Court, both of which sit in Lockport. Mr. Sris and his Of Counsel appear at arraignments throughout Niagara County, ensuring that every client enters a plea with a clear understanding of the procedural and substantive implications. Call Law Offices Of SRIS, P.C. at (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Direct Answer Expansion
The arraignment serves several important functions. First, the court reads the complaint or indictment, which outlines the specific crimes you are accused of committing. You are informed of the maximum potential penalties and the constitutional rights that attach to every criminal defendant, including the right to remain silent and the right to an attorney—either retained privately or, if you qualify, appointed at public expense. Next, you enter a plea. In almost every case, the proper plea at arraignment is “not guilty.” A plea of not guilty preserves all of your rights, gives you and your legal team time to review the evidence and investigate possible defenses, and does not preclude later negotiations with the prosecutor. Finally, the court decides the terms of your release while the case is pending. New York’s bail reform, which took effect in January 2020, eliminated cash bail for most misdemeanors and non‑violent felonies. As a result, many individuals are released on their own recognizance—often with conditions such as periodic check‑ins or no contact with an alleged victim. For qualifying violent felonies, bail may be set, and the judge may impose secured or unsecured bond. Desk appearance tickets, which require you to appear at a later date without being held in custody, are common for lower‑level offenses. The entire proceeding is typically brief, but the consequences of how you respond are lasting. Having experienced counsel at your side ensures you do not make missteps that could harm your defense.
Frequently Asked Questions
What is the purpose of an arraignment?
The purpose of an arraignment is to formally advise you of the criminal charges against you, inform you of your rights, accept your plea, and set conditions of release. It is not a trial or an evidentiary hearing. The court does not hear testimony or weigh evidence at this stage. Instead, it establishes the framework for the remainder of the case, including future court dates and any interim restrictions on your liberty. By entering a plea and addressing release terms, the arraignment ensures you understand what the government alleges and how you must respond.
Do I need a lawyer at my arraignment?
Yes, having a lawyer present at your arraignment is essential. Although you are not legally required to have counsel, what you say and how you plead can have immediate consequences, including whether you are released or held in custody. An experienced attorney can negotiate release conditions, request a lower bail amount, and ensure your plea protects your rights. Without legal representation, you risk waiving important procedural protections that are difficult to recover later.
What happens if I plead not guilty?
A not‑guilty plea preserves your rights and sets the case on track for further proceedings, such as discovery and pretrial motions. It forces the prosecution to prove each element of the charges beyond a reasonable doubt. In Niagara County, after a not‑guilty plea in a misdemeanor case, the court will schedule a motion schedule and, if the case is not resolved, a trial date. For felonies, the case proceeds to a preliminary hearing or grand jury review. Pleading not guilty does not mean you are giving up the opportunity to reach a resolution later.
Can I be released on bail after arraignment?
Yes, release on bail or on your own recognizance is decided at arraignment. Under New York’s 2020 bail reform, most misdemeanor and non‑violent felony defendants are released without cash bail, often with non‑monetary conditions. For violent felonies or certain qualifying offenses, the judge may set bail in an amount designed to ensure your return to court. The court considers your ties to the community, criminal history, and the nature of the alleged offense. If bail is set, a bondsman can post a bond, or you can post cash directly.
What is a desk appearance ticket?
A desk appearance ticket (DAT) is a written notice requiring you to appear for arraignment at a future date, issued instead of making an arrest and holding you in custody. DATs are common for lower‑level misdemeanors and violations. If you receive a DAT, you are not formally arraigned until the scheduled court date. Even though you are not jailed, the issuance of a DAT still means criminal charges have been filed, and you must attend the arraignment. Failure to appear results in a bench warrant.
How does New York’s bail reform affect arraignment in Niagara County?
Bail reform eliminates cash bail for most misdemeanors and non‑violent felonies, so many individuals are released on their own recognizance at arraignment. In Niagara County, this means that if you are charged with a qualifying offense, you will not have to pay money to be released before trial. The court may, however, impose supervised release conditions such as reporting to a pretrial services program or complying with an order of protection. For charges not covered by the reform, bail is still available, and the judge will assess the appropriate amount.
What is an ACD, and can it be offered at arraignment?
An ACD, or Adjournment in Contemplation of Dismissal, is a disposition in which the case is adjourned for a period of six to twelve months and then dismissed if the defendant stays out of trouble. While an ACD is rarely finalized at arraignment—more typically, it results after discussions with the prosecutor—your attorney can begin exploring whether your case is eligible. ACDs are available for many first‑offense charges and, if granted, allow you to avoid a criminal conviction.
Where are arraignments held in Niagara County?
Misdemeanor and violation arraignments occur in the local criminal courts of the city or town where the offense took place, such as the Niagara Falls City Court or the Lockport City Court. Felony arraignments typically take place in the Niagara County Court or the Niagara County Supreme Court, both located at 175 Hawley Street in Lockport, New York. The specific courthouse depends on the level of the charge and the arresting agency. Mr. Sris and his Of Counsel appear regularly in all of these venues and are familiar with their processes.
What happens if I fail to appear at my arraignment?
Failing to appear for arraignment can result in the court issuing a bench warrant for your arrest. If you miss your court date, the judge may revoke any existing release conditions and order law enforcement to take you into custody. It is crucial that you attend every scheduled court appearance. If an emergency prevents you from appearing, your attorney can request that the court recall the warrant and reschedule the proceeding.
Can charges be dropped at the arraignment?
It is unusual for charges to be dismissed at the initial arraignment, but the groundwork for later dismissal can begin immediately. Your attorney can review the complaint for defects, note any constitutional or procedural violations, and start discussions with the prosecutor. Even if the case is not dismissed on the spot, early intervention by counsel can set the stage for a favorable outcome as the case progresses through the Niagara County court system.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is an experienced criminal defense attorney who has practiced since 1997. He is a former prosecutor and is admitted to practice in New York, Virginia, Maryland, the District of Columbia, and New Jersey. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel bring seasoned multi‑state insight to every Niagara County criminal matter. The firm’s attorneys work collaboratively, drawing on a wide range of litigation backgrounds to build a well‑prepared defense for each client.
Reviewed by Mr. Sris, Owner and Founder
Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York
Practicing since 1997
Related Criminal Defense Resources
Criminal Defense Lawyer in Niagara County |
What to Do After an Arrest in New York |
DUI Defense in Niagara County |
Understanding New York Bail Reform
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.