What happens at a criminal arraignment in Cattaraugus County

An arraignment is the first formal court hearing after an arrest, and knowing what to expect can reduce the stress you feel when you step into the courtroom. In Cattaraugus County, the arraignment generally takes place in the local criminal court with jurisdiction over the alleged offense—often a town or village court for misdemeanors, or the Cattaraugus County Supreme Court Criminal Term for felonies. At this hearing, a judge announces the charges you face, advises you of your rights, and asks you to enter a plea. Bail or conditions of release may also be addressed under New York’s 2020 bail reform law. Mr. Sris and his Of Counsel team appear regularly in Cattaraugus County courts and understand how the local criminal procedure rules and the New York Criminal Procedure Law work in practice. For guidance on what to do before and during your arraignment, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Understanding the Criminal Arraignment Process in Cattaraugus County

When someone is arrested in Cattaraugus County, the law requires that the person be brought before a judge “without unnecessary delay,” typically within 24 hours. This first court appearance is the arraignment. The exact court depends on the level of the charge: most misdemeanors and violations are arraigned in a town or village court such as Little Valley, Olean, Salamanca, or Ellicottville. Felony charges, which carry more serious consequences, are arraigned in the Cattaraugus County Supreme Court Criminal Term after a grand jury indictment, though a preliminary arraignment may occur in a lower court.

New York’s Criminal Procedure Law (CPL) governs the arraignment. At this stage, the judge reads the charges aloud, ensures the defendant understands them, and informs the defendant of the right to counsel. If you cannot afford an attorney, the court may assign one through the public defender’s office or the 18‑b panel. The judge then asks for a plea. In most cases, defendants enter a plea of “not guilty” at the arraignment to preserve all legal options while counsel reviews the evidence. The judge also addresses release conditions. Under the 2020 bail reform law, cash bail has been eliminated for most misdemeanors and non‑violent felonies; many defendants are released on their own recognizance or with non‑monetary conditions. However, bail may still be set for certain violent felonies or qualifying offenses.

How Mr. Sris and His Of Counsel Handle Criminal Arraignments

For a person facing criminal charges in Cattaraugus County, the arraignment is where the defense strategy begins. Mr. Sris and his Of Counsel arrive at the courthouse prepared to argue for the least restrictive release conditions and, in many cases, seek release on recognizance so the client can return to work and family while the case proceeds. The team reviews the accusatory instrument filed by the prosecution to identify any procedural defects, and may object to insufficient charges or move for further discovery from the District Attorney’s office.

Even at this early stage, critical rights are at stake. The plea entered at arraignment affects later motions and potential plea negotiations. While many defendants plead not guilty, a well‑informed defendant may consider an Adjournment in Contemplation of Dismissal (ACD) for certain first‑offense cases—a disposition that, after a period of good behavior, can result in the charges being dismissed and the record sealed. Mr. Sris and his Of Counsel work to determine whether an ACD, a diversion program, or another alternative disposition is appropriate after evaluating the client’s background, the nature of the charges, and the Cattaraugus County court’s practices.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with extensive experience in criminal trial work. He founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His background in accounting and information systems is applied to complex financial and technology‑related cases.

Mr. Sris’s Of Counsel team brings extensive combined legal experience. The firm’s attorneys appear regularly in New York courts, including the Cattaraugus County Supreme Court and local town and village courts, and are familiar with the local procedures and personnel. Each client’s matter receives focused attention, and the team works collaboratively to protect the client’s rights from the first court appearance through trial or resolution. Results may vary.

Frequently Asked Questions

What exactly happens at a criminal arraignment in Cattaraugus County?

At the arraignment, the judge reads the charges, advises the defendant of the right to an attorney, asks for a plea, and determines release conditions. The proceeding is held in a local court depending on the charge. Defendants typically plead not guilty to allow time for discovery and motion practice. The judge may also issue a temporary order of protection in cases involving alleged victims.

Do I need a lawyer at my arraignment?

You have a right to counsel, and it is strongly advisable to have an attorney present at your arraignment. A lawyer can argue for release without bail, object to defective charges, and prevent you from making statements that could be used against you later. If you cannot afford an attorney, the court will appoint one, but a private attorney can begin working on your defense immediately.

What happens if I miss my arraignment?

Failing to appear for arraignment will result in a bench warrant for your arrest. The judge may issue a warrant and set bail, and you could face additional charges of bail jumping. It is critical to contact an attorney immediately if you have missed a court date. Mr. Sris and his Of Counsel can help you address the warrant and return to court to resolve the matter.

Can my case be dismissed at the arraignment?

Dismissal at arraignment is uncommon, but procedural defects in the accusatory instrument may lead to early resolution. If the complaint is legally insufficient or the court lacks jurisdiction, your attorney can move to dismiss. In some first‑offense cases, the prosecution may agree to an Adjournment in Contemplation of Dismissal (ACD), which can result in dismissal after a period of good behavior.

How does bail work in Cattaraugus County after the 2020 reforms?

Under New York’s bail reform, cash bail is prohibited for most misdemeanors and non‑violent felonies. For qualifying offenses, defendants are released on their own recognizance or with conditions such as supervised release or travel restrictions. Bail money may still be required for certain violent felonies. Your attorney can advocate for the least restrictive release terms at the arraignment.

What happens after the arraignment?

After arraignment, the case proceeds to pre‑trial conferences, motion practice, and possibly a trial or plea negotiation. The court will schedule a future date for the next appearance. Mr. Sris and his Of Counsel will review the evidence, interview witnesses, and develop a defense strategy. For many clients, the goal is to resolve the case through a favorable plea or, if appropriate, an ACD that preserves a clean record.

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