What happens at a criminal arraignment in Albany County

If you or someone you care about has been arrested in the Capital District, the first court appearance — known as the arraignment — can be a stressful and confusing experience. An arraignment in Albany County is the formal proceeding where a judge informs a defendant of the charges, advises them of their rights, and asks how they wish to plead. It is also the moment when bail or release conditions are initially set, and having an experienced attorney present can make a meaningful difference in how the case begins. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. Appear regularly in the Albany County court system and understand the local practices that shape how an arraignment unfolds. To discuss your matter and begin preparing for your court appearance, contact the firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

The Arraignment Process in Albany County Explained

In Albany County, criminal arraignments differ depending on whether the charge is a misdemeanor or a felony. Misdemeanor arraignments are typically held at the Albany County Criminal Court, located at 16 Eagle Street, Albany, NY. A defendant will appear before a judge, be formally presented with the charges, and be asked to enter a plea of guilty or not guilty. The judge will also address the issue of release — whether the defendant will be released on their own recognizance, placed under supervision, or, in some cases, held on bail. New York’s 2020 bail reform eliminated cash bail for most misdemeanors and non-violent felonies, which means many individuals are released with minimal conditions after their arraignment.

For felony cases, the initial arraignment is often a preliminary step before the matter is transferred to the Albany County Supreme Court Criminal Term. The defendant will be informed of the charges, and the court will consider release conditions. A subsequent grand jury proceeding may follow, after which a formal indictment and a second arraignment on the felony charges take place. At every stage, the presence of knowledgeable counsel helps protect your rights — whether it involves challenging a bail determination, negotiating an alternative to prosecution, or beginning to map out a defense strategy. Mr. Sris, a former prosecutor who founded the firm in 1997, brings insight into both sides of the courtroom in Albany County.

Frequently Asked Questions

What is an arraignment?

An arraignment is the first court appearance after an arrest, where the judge reads the charges, advises the defendant of their rights, and asks for a plea. In Albany County, this proceeding sets the direction for the rest of the criminal case. The defendant is informed of the specific offenses they face under New York Penal Law and is given a copy of the accusatory instrument. If the defendant cannot afford an attorney, the court will assign counsel or provide a public defender. The arraignment is also the point at which issues of bail and release conditions are decided, making it a critical moment in the criminal process.

Where does an arraignment take place in Albany County?

Misdemeanor arraignments in Albany County are conducted at the Albany County Criminal Court, while felony arraignments are heard at either the Albany County Court or the Supreme Court Criminal Term. The primary courthouse is located at 16 Eagle Street in Albany. After initial processing and booking, defendants are usually brought before a judge within 24 hours for arraignment. The specific courtroom and timing depend on the nature of the charges and the arrest circumstances. An experienced criminal defense attorney familiar with the Albany County judiciary can help you understand where your matter will be heard and what to expect when you arrive.

Do I need a lawyer at my arraignment?

You have the right to have a lawyer present at your arraignment, and it is strongly advisable to have one. While the arraignment is procedural, statements made at this stage can be used against you later. An attorney can argue for release on your own recognizance, challenge any bail amount, and begin identifying defenses. Mr. Sris and his Of Counsel team regularly appear at Albany County arraignments and can step in early to protect your record and your freedom. If you are facing an arraignment, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

What should I say at my arraignment?

At your arraignment, you should provide your name and basic identifying information truthfully, but you are not required to discuss the facts of the case. The judge will ask you how you plead — generally, you will enter a plea of “not guilty” to preserve all your rights. Do not try to explain your side of the story, deny the allegations, or bargain with the court. Anything you say can be held against you. Instead, let your attorney speak for you. A lawyer can ensure that the proper plea is entered and that no harmful statements are made.

Can I get bail at my arraignment in Albany County?

Under New York’s bail reform, most defendants charged with misdemeanors and non-violent felonies are released without bail at the arraignment. Cash bail may still be set for certain violent felonies and qualifying offenses. The judge will consider factors such as the nature of the charges, any prior criminal record, and the defendant’s ties to the community. Your attorney can present arguments for release on recognizance or the least restrictive conditions. If bail is set, options such as a bail bondsman or posting cash directly may be available.

What happens if I plead not guilty?

Pleading not guilty at your arraignment is the standard first step that preserves your rights and allows your attorney to begin building a defense. After a not-guilty plea, the court will schedule future dates for pre-trial conferences, hearings, and possibly a trial. In Albany County, the district attorney’s office is required to provide discovery — evidence and witness information — to your lawyer. Your attorney can then evaluate the strength of the case, negotiate with the prosecution, and file motions to suppress evidence if warranted. A not-guilty plea keeps every option open.

What is an Adjournment in Contemplation of Dismissal (ACD)?

An ACD is a disposition that allows certain first-offense cases to be adjourned for a period, after which the charges are dismissed if the defendant stays out of trouble. For many first-offense matters in Albany County, an ACD can resolve a case without a criminal conviction. The defendant does not plead guilty but agrees to a period of supervision. If the terms are met, the record can be sealed under New York law. Your attorney can help determine whether you are eligible for an ACD and advocate for it with the prosecution.

Can I change my plea later?

Yes, you can change your plea later in the proceedings, and doing so is often part of a negotiated resolution. After the initial not-guilty plea at arraignment, your attorney may engage in discussions with the district attorney’s office. If a favorable plea agreement is reached — such as a reduction to a lesser charge — you may change your plea to guilty or no contest. The court must approve any plea change and ensure that you understand the consequences. Your attorney will guide you through the decision and explain the long-term impact on your record.

What if I miss my arraignment?

Missing your arraignment can result in a bench warrant for your arrest, and you should contact an attorney immediately. In Albany County, a judge will issue a warrant if a defendant fails to appear. Once a warrant is issued, law enforcement can arrest you at any time. An attorney can help you address the warrant by arranging a voluntary surrender and a new arraignment date. Acting quickly minimizes the disruption. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for assistance in handling a missed court date.

What does a lawyer do at an arraignment?

At the arraignment, a lawyer argues for the trusted … Release conditions, protects your right to remain silent, and ensures that the proceeding is conducted fairly. The attorney will review the charges, assess whether any immediate legal challenges are appropriate, and begin to formulate a defense strategy. Having counsel present also sends a signal to the court that the defendant takes the matter seriously. Mr. Sris and his Of Counsel team have extensive experience appearing in Albany County courts and can handle arraignments in both misdemeanor and felony matters.

How does a former prosecutor help at an Albany County arraignment?

Mr. Sris’s background as a former prosecutor gives him insight into how the district attorney’s office approaches charging decisions and bail recommendations. Because he understands the prosecutor’s perspective, he can anticipate arguments the prosecution may raise and counter them effectively. That knowledge can be critical at an arraignment, where first impressions and initial rulings often set the tone for the entire case. Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and brings decades of criminal law experience to Albany County arraignments.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He is a former prosecutor, and his experience in the criminal courtroom informs the representation the firm provides at arraignments and throughout criminal proceedings in Albany County. Mr. Sris and his Of Counsel team bring extensive combined legal experience, handling matters that range from routine misdemeanors to serious felonies. All attorneys who work on criminal cases through the firm serve in an Of Counsel capacity, meaning they are experienced practitioners engaged for each client’s benefit. For a consultation about your upcoming arraignment, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

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