What happens at a criminal arraignment in Orleans County

A criminal arraignment in Orleans County is the first court appearance after an arrest. At this hearing, the defendant is formally told what charges have been filed, advised of the right to an attorney, and asked to enter a plea. The judge or magistrate also addresses bail or release conditions. For misdemeanors, the arraignment usually takes place in a local criminal court; felony arraignments are held in Orleans County Supreme Court. How the proceeding unfolds depends on the level of the charge and whether the defendant was held in custody or released on a desk appearance ticket. Mr. Sris and his Of Counsel handle criminal matters in Orleans County and across New York. To request a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What an arraignment in Orleans County involves

In New York, the arraignment is the proceeding where a person arrested on criminal charges first appears before a judge. In Orleans County, the court will read the charges or provide a copy of the accusatory instrument—the document that lists the offenses. The judge confirms that the defendant understands the charges and the right to counsel. If the defendant cannot afford to hire a lawyer, the court will consider appointing one at the arraignment.

For minor offenses, such as violations and many misdemeanors, the arraignment may be handled in a local criminal court. For felony charges, the case will go before Orleans County Supreme Court or a county court judge. New York’s bail reform laws eliminated cash bail for most misdemeanors and non‑violent felonies; however, bail may still be set for violent felonies and certain qualifying offenses. At the arraignment, the judge decides whether the defendant will be released on recognizance, released with conditions, or held with bail set.

Frequently asked questions about criminal arraignments in Orleans County

What is the purpose of an arraignment?

An arraignment is the formal start of a criminal case in court where the defendant is told the charges, informed of legal rights, and given the opportunity to enter a plea. It is also when the court considers release or bail. This hearing ensures the defendant understands the legal process and the consequences of the charges. For Orleans County cases, the arraignment must happen without unnecessary delay after arrest. The exact timing depends on whether the person is held in custody or released on a desk appearance ticket.

How soon after arrest does the arraignment occur?

In New York, an arrested person must be arraigned without unreasonable delay; if held in custody, the arraignment is typically within 24 hours. For individuals released on a desk appearance ticket, the court date written on the summons sets the arraignment. In Orleans County, the arraignment timing also depends on the court’s calendar and whether the charge is a misdemeanor or felony, with felony cases sometimes involving a grand jury indictment before the arraignment in county or supreme court.

Will I be released or held on bail at the arraignment?

Most defendants charged with misdemeanors and non‑violent felonies in New York are released on their own recognizance at arraignment under the state’s 2020 bail reform. Cash bail is still possible for violent felonies and some specific offenses. The judge will consider the charges, the defendant’s ties to the community, and any prior failures to appear. Orleans County courts follow these statewide rules. If bail is set, the defendant may need to post the amount to be released while the case continues.

What plea do I enter at an arraignment in Orleans County?

At an arraignment, a defendant typically enters a plea of not guilty. A not‑guilty plea preserves all legal rights and allows time to review the evidence and prepare a defense. It is very unusual to plead guilty at an initial arraignment unless a detailed plea agreement has already been negotiated with the prosecutor. By pleading not guilty, you allow your attorney to examine the case, explore diversion or dismissal options, and advise you on the trusted course forward.

Do I need a lawyer at my arraignment in Orleans County?

You have a right to have a lawyer present at every stage of a criminal case, including the arraignment. If you cannot afford one, the court may appoint a lawyer at the arraignment. Having an attorney at this early hearing is important because the decisions made—about release, bail, and the plea—affect the rest of the case. An experienced criminal attorney can argue for release on recognizance, preserve your rights, and begin building a defense from the very first appearance.

What happens if I miss my arraignment date in Orleans County?

Missing an arraignment can result in the judge issuing a bench warrant for your arrest. A bench warrant authorizes law enforcement to take you into custody. Additional charges for failure to appear may also be filed. If you realize you cannot attend a scheduled court date, you should immediately contact your attorney or the court to try to reschedule. Do not ignore a missed court date; acting quickly may help avoid a warrant being issued.

Can charges be dropped at the arraignment?

It is uncommon for charges to be dismissed at the arraignment unless the prosecutor agrees the case has a fundamental legal defect. The arraignment is primarily a procedural hearing. The prosecution may occasionally withdraw a charge before the hearing begins, but substantive motions to dismiss are usually handled later. Defense counsel can use the arraignment to identify weaknesses in the case and begin discussions with the prosecution about early resolution or reduced charges.

What is the difference between a misdemeanor and a felony arraignment in Orleans County?

Misdemeanor arraignments usually take place in a local criminal court, while felony arraignments are held in Orleans County Supreme Court or Orleans County Court. In a felony case, the accused may first appear in local court for an initial appearance while the case is pending grand jury action. After an indictment, the defendant is arraigned in the higher court where the felony will be tried. The plea and release procedures are similar, but felony cases involve more serious potential consequences.

Can an arraignment be waived in New York?

In New York, an arraignment is generally a mandatory court appearance, but the defendant and attorney may sometimes waive its formal reading of the charges. Waiving the formal reading means the defendant acknowledges receipt of the accusatory instrument and proceeds with the plea without the judge reading the entire document aloud. The right to be present and to have counsel present cannot be waived overall; the court still must ensure those protections are honored.

What should I bring to my arraignment in Orleans County?

You should bring any paperwork you received from the police or the court, a form of identification, and your attorney’s contact information. If you are represented by counsel, your lawyer will guide you on what to bring and may appear with you. Dress professionally and arrive early. If you need an interpreter, inform your attorney before the hearing so arrangements can be made. The court may ask about your financial situation if you are applying for appointed counsel.

What happens after the arraignment in an Orleans County criminal case?

After arraignment, the case moves into the discovery and motion phase, where the defense and prosecution exchange evidence and may file legal motions. For misdemeanors, the next court date is usually a conference or hearing date. For felonies, the case proceeds toward grand jury action or pretrial hearings in supreme court. Your attorney will advise you on the next steps and whether plea negotiations, diversion programs, or trial preparation are appropriate for your situation.

About Mr. Sris and his Of Counsel team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has been practicing since 1997. His experience includes representing clients in criminal matters across New York, including Orleans County. Together with his Of Counsel—attorneys engaged through Excella—Mr. Sris works to protect the rights of people facing criminal charges. Each attorney on the team brings years of practice experience, and the firm’s multi‑state footprint allows it to handle cases in New York, Virginia, Maryland, the District of Columbia, and New Jersey. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your arraignment and your defense.

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For official court information, visit the Orleans County courts website. For New York criminal laws, see the New York Penal Law.

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