What happens at a criminal arraignment in New York County
An arraignment is the first court appearance after an arrest in New York County. The defendant is formally notified of the charges, advised of their rights, and enters a plea. In New York, the arraignment must happen within 24 hours of arrest, and it sets the stage for bail, release conditions, and future court dates. For anyone facing a criminal charge in Manhattan, understanding what occurs at this hearing is critical. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. represent individuals at arraignments in New York County courts and throughout New York State. To discuss your situation, reach the firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Is an Arraignment and What Happens During One in New York County?
Under New York law, the arraignment is a mandatory proceeding governed by the Criminal Procedure Law. At the New York County Criminal Court, located at 60 Centre Street, a defendant who has been arrested is brought before a judge, either in person or, for certain matters, via video. The prosecutor provides the defendant with the criminal complaint or, if a grand jury has acted, the indictment. The complaint outlines the specific charges, the factual allegations, and the sections of the New York Penal Law the defendant is accused of violating.
During the arraignment, the judge will confirm the defendant’s name and advise them of the right to remain silent, the right to an attorney, and the right to a preliminary hearing or grand jury proceeding. The defendant is then asked to enter a plea. Common pleas are “not guilty,” “guilty,” or, in limited circumstances, “no contest.” For most defendants, especially in felony cases, a not-guilty plea is entered, preserving all legal options.
After the plea, the judge addresses the issue of bail or release. New York’s 2020 bail reform eliminated cash bail for most misdemeanors and non-violent felonies, so many defendants in New York County are released on their own recognizance or with non-monetary conditions. For qualifying violent felonies, the court may set bail or remand the defendant. The judge will also schedule the next court date, often a control date for discovery or motion practice.
The Legal Framework: New York Criminal Procedure Law and the Arraignment
Several sections of the New York Criminal Procedure Law (CPL) govern the arraignment process. CPL § 170.10 outlines the procedure for arraignment upon an information or complaint in local criminal courts. CPL § 180.10 addresses arraignment on a felony complaint, while CPL § 210.15 governs arraignment on an indictment in Supreme Court. Under CPL § 30.30, the prosecution must be ready for trial within certain timeframes—90 days for misdemeanors and six months for felonies—which places pressure on prosecutors to move cases forward after arraignment.
These statutes ensure that a defendant is promptly informed of the charges and that the case proceeds without unnecessary delay. For anyone unfamiliar with the system, the process can be confusing, but an experienced attorney can explain each step and safeguard the defendant’s rights from the very first appearance.
Step-by-Step: What to Expect at Your Arraignment in Manhattan
If you are facing a criminal charge in New York County, the arraignment will generally follow this sequence:
- Appearance before the judge: You will be escorted from the holding area or appear voluntarily. The judge will call your case.
- Reading of charges: The prosecutor will state the formal charges and may hand you a copy of the accusatory instrument.
- Advisement of rights: The judge will inform you of your right to counsel, right to remain silent, and other constitutional protections.
- Assignment of counsel: If you cannot afford an attorney, the court will either assign an 18-b panel attorney or refer you to a public defender organization.
- Entry of plea: You will be asked to plead. In nearly all cases, a not-guilty plea is entered at this stage.
- Bail and release determination: The judge will decide on release conditions, taking into account the charges, your ties to the community, and any prior failures to appear.
- Next court date: A date for subsequent proceedings will be set.
For those charged with misdemeanors, the arraignment may be the only immediate court appearance before a trial date. In felony cases, the matter will eventually be transferred to the New York County Supreme Court Criminal Term for further proceedings.
Potential Outcomes and First-Offense Considerations
Not every arraignment leads directly to a trial. In New York County, many cases are resolved at or shortly after the arraignment through plea discussions or alternative dispositions. An Adjournment in Contemplation of Dismissal (ACD) is common for first-time, non-violent offenders. Under an ACD, the charges are adjourned for six to twelve months and then automatically dismissed if the defendant stays out of trouble. Drug and mental health treatment courts may also provide diversion options.
For more serious charges, the arraignment is the starting point of a longer litigation process that includes motion practice, discovery, and potential hearings. Because the decisions made at arraignment—such as the plea, bail arguments, and the framing of the issues—can have lasting effects, having counsel from the very beginning is important.
How Mr. Sris and His Of Counsel Handle Criminal Cases in New York County
Mr. Sris and his Of Counsel team approach every criminal case with thorough preparation, starting at the arraignment. They review the charging documents for legal sufficiency, look for defects that could form the basis of a dismissal motion, and begin building a defense strategy tailored to the specific facts. At the arraignment, they argue for the least restrictive release conditions and work to preserve the client’s ability to remain employed and with family while the case proceeds.
Because Mr. Sris, a former prosecutor, understands how the other side builds cases, he and his Of Counsel are able to anticipate prosecutorial moves and negotiate effectively. Their representation continues through every stage, from preliminary hearings through trial, if necessary. Law Offices Of SRIS, P.C., founded in 1997, represents clients across New York’s five boroughs and the entire state.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He has practiced since 1997 and brings both prosecution and defense 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).
Mr. Sris and his Of Counsel bring over 120 years of combined legal experience. Results may vary. Together, they have documented 4,739+ case results since 1997. The firm serves clients from its Buffalo location at 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202, and by appointment in other areas. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation.
Frequently Asked Questions
Do I need a lawyer at my arraignment in New York County?
Yes, having an attorney at your arraignment is highly advisable because critical decisions about bail, plea options, and case direction are made at this first appearance. While you have a right to counsel and one will be provided if you cannot afford it, an experienced attorney can argue for release on your own recognizance, identify weaknesses in the complaint, and begin negotiating with the prosecutor immediately. Without counsel, you risk waiving rights or accepting unfavorable conditions.
What are the penalties for a misdemeanor in New York County?
In New York, misdemeanors are classified by severity: Class A misdemeanors carry up to one year in jail, while Class B misdemeanors carry up to three months, and violations up to fifteen days. The specific penalty depends on the offense charged—for example, third-degree assault (Class A) is up to a year, while disorderly conduct (a violation) is up to fifteen days. A conviction also results in a criminal record unless sealed. Penalties are determined by the judge based on the facts and any prior record.
Will I be released without bail after my arraignment?
Under New York’s 2020 bail reform, most defendants charged with misdemeanors and non-violent felonies are released on their own recognizance at arraignment. Cash bail is generally only available for certain violent felonies and specified offenses, such as sex crimes and serious assault charges. If the prosecutor requests bail, your attorney can argue for supervised release with conditions. The judge will consider your ties to the community and flight risk.
What is an ACD and how does it work in New York County?
An Adjournment in Contemplation of Dismissal (ACD) is a disposition where charges are adjourned for a set period, typically six to twelve months, after which they are automatically dismissed if you have no new arrests. ACDs are common for first-time, non-violent offenses in New York County. The case is not a conviction, and the record can eventually be sealed. Acceptance of an ACD requires your consent and, in some cases, completion of community service or treatment.
Can I get my criminal case dismissed at the arraignment?
Outright dismissal at arraignment is rare, but an attorney may raise legal challenges that could result in a reduction of charges or even dismissal if the complaint is legally insufficient. For example, if the accusatory instrument fails to allege every element of the offense, the court may dismiss. More commonly, the arraignment sets the stage for plea negotiations or diversion programs that can lead to a dismissal later.
What happens if I miss my arraignment date in New York County?
Missing an arraignment almost always results in a bench warrant being issued for your arrest. The court may declare a forfeiture of any bail posted, and you could face additional charges for bail jumping. It is critical to contact your attorney immediately if you cannot appear. In some situations, your lawyer may be able to appear on your behalf or request an adjournment, but you should not assume that missing court is without consequence.
How long does a criminal case take after the arraignment?
Case timelines vary widely depending on the severity of the charges and the court’s calendar. Misdemeanor cases in New York County may resolve in a few months, while felony cases can take a year or more. The prosecution must comply with speedy-trial deadlines under CPL § 30.30, which require readiness within ninety days for misdemeanors and six months for felonies. Complex motions, negotiations, and trial scheduling all affect the duration.
How much does a criminal defense lawyer cost for an arraignment?
Legal fees vary based on the complexity of the case, the attorney’s experience, and the amount of work required. Many defense attorneys charge a flat fee for representation through the arraignment or for the entire case. Law Offices Of SRIS, P.C. offers consultations to discuss fees, which can be arranged by calling (888) 437-7747. The firm considers the unique circumstances of each matter when discussing costs.
Can I represent myself at an arraignment in New York County?
You have a constitutional right to represent yourself, but doing so is generally unwise because arraignments involve complex legal decisions that can affect the entire case. A judge will advise you of the risks and may ask whether you wish to waive counsel. If you proceed without an attorney, you may miss opportunities to challenge the charges or negotiate favorable release terms. It is strongly recommended to have a lawyer present.
What is the difference between an arraignment in Criminal Court and Supreme Court?
In New York County, misdemeanors are arraigned in the Criminal Court, while felonies are initially arraigned in Criminal Court on a felony complaint and later arraigned on an indictment in Supreme Court. At the Criminal Court arraignment, the judge determines release conditions and may schedule a preliminary hearing. The case is then presented to a grand jury. After indictment, the defendant is arraigned again in the Supreme Court Criminal Term, where the formal indictment is read and a plea is entered.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Related Localities: Kings County (Brooklyn) Criminal Defense ? Queens County Criminal Defense ? Richmond County (Staten Island) Criminal Defense ? Nassau County Criminal Defense ? Suffolk County Criminal Defense
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