What happens at a criminal arraignment in Staten Island
When you are arrested and charged with a crime in Staten Island (Richmond County, New York), the first court appearance is known as the arraignment. At this hearing, the judge reads the formal charges, informs you of your rights, and asks you to enter a plea—typically not guilty, guilty, or no contest. The judge also decides on bail or release conditions. Under New York’s 2020 bail reform law, cash bail is eliminated for most misdemeanors and non-violent felonies; many defendants are released on their own recognizance. The arraignment is a critical stage in the criminal process. Misdemeanors and violation-level offenses are handled at NYC Criminal Court — Staten Island (18 Richmond Terrace, Staten Island, NY 10301), while felony cases are arraigned in NY Supreme Court — Richmond County (also at 18 Richmond Terrace). Having an experienced lawyer at your side can help protect your rights from the very start. If you are facing an arraignment in Staten Island, contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your defense. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Happens at a Staten Island Criminal Arraignment
The arraignment process in Staten Island follows the New York Criminal Procedure Law. The defendant is brought before the judge, who will read the charges and outline the possible penalties. The defendant has the right to be represented by an attorney; if the defendant cannot afford private counsel, the court will assign a lawyer from the Legal Aid Society or the 18-b panel. The defendant is then asked to enter a plea. A plea of not guilty preserves all defense options and moves the case forward; a guilty plea results in a sentencing date; a plea of not guilty by reason of mental disease or defect leads to a psychiatric evaluation. After the plea, the judge addresses bail. Under New York’s bail reform (CPL § 530.20), cash bail may not be set for most misdemeanor and non-violent felony cases; the court may release the defendant on personal recognizance or with non-monetary conditions. Bail may still be set for certain violent felonies or when flight risk is established. The judge may also consider an Adjournment in Contemplation of Dismissal (ACD) for eligible first-offense cases, where the charges are adjourned for several months and then automatically dismissed if the defendant stays out of trouble. After the plea and bail determination, the court schedules the next appearance—usually a conference date for misdemeanors or a preliminary hearing for felonies. A skilled defense attorney familiar with the Richmond County courts can advocate for favorable release conditions and help set the right course from the outset.
Frequently Asked Questions
What happens at a criminal arraignment in Staten Island?
A criminal arraignment is the first court appearance where the judge reads the charges, the defendant pleads, and the court addresses bail. In Richmond County, misdemeanors are arraigned in NYC Criminal Court — Staten Island, felonies in NY Supreme Court — Richmond County. The judge advises the defendant of their rights, including the right to an attorney. A plea is entered—not guilty, guilty, or not guilty by reason of mental disease or defect. Under New York’s 2020 bail reform, cash bail is rarely set for non-violent offenses. The court then schedules the next proceeding.
Do I need a lawyer at the arraignment?
You are not legally required to have a lawyer at your Staten Island arraignment, but having counsel present is strongly advised because what happens at this hearing can affect your entire case. An experienced defense lawyer can argue for release on recognizance, request an ACD where applicable, and begin building a defense strategy. The court will assign a public defender if you cannot afford private counsel. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss representation before your arraignment.
What plea should I enter at my arraignment?
In most circumstances, defendants are advised to plead not guilty at their arraignment. A not guilty plea preserves all of your rights and gives your attorney time to review the evidence, negotiate with the prosecutor, and explore diversion programs. Pleading guilty at arraignment may lead to immediate sentencing and a permanent criminal record. A Staten Island criminal attorney can explain the trusted course of action for your specific charges.
What is an Adjournment in Contemplation of Dismissal (ACD)?
An ACD is a New York disposition that adjourns a case for a period of time—usually six to twelve months—after which the charges are automatically dismissed if the defendant remains law-abiding. ACDs are commonly offered in first-offense, non-violent matters. The judge must agree, and conditions such as community service or a short-term program may be ordered. If the defendant is re-arrested during the adjournment period, the case may be restored to the calendar.
Can bail be set at my arraignment in Staten Island?
Under New York’s 2020 bail reform, cash bail is eliminated for most misdemeanors and non-violent felonies; many defendants are released on their own recognizance or with non-monetary conditions. Bail may still be set for qualifying violent felonies, certain sex offenses, or when the court finds a flight risk. Your lawyer can argue for the least restrictive conditions. The Richmond County courts follow the state’s bail statute at each arraignment.
What if I can’t afford a lawyer?
If you cannot afford an attorney, the court will assign one at your arraignment—either through the Legal Aid Society or an 18-b panel lawyer. You will be asked to complete a financial affidavit. The assigned counsel will represent you throughout the case. If you later wish to hire private counsel, you may do so. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to learn about representation options.
What court handles misdemeanor arraignments in Staten Island?
Misdemeanor and violation offenses in Staten Island are arraigned in the NYC Criminal Court — Staten Island, located at 18 Richmond Terrace, Staten Island, NY 10301. This court is part of the 13th Judicial District and operates Monday through Friday from 9:00 AM to 5:00 PM. The judge will set bail or release conditions and schedule the next court date. If you are unsure where to appear, your attorney can confirm the location.
What court handles felony arraignments in Staten Island?
Felony cases in Staten Island are arraigned in the NY Supreme Court — Richmond County, also located at 18 Richmond Terrace, Staten Island, NY 10301. This is the same courthouse building as the Criminal Court; the Supreme Court handles more serious charges. Felony arraignments involve more detailed charging documents and often include grand jury indictment considerations. Your attorney should be familiar with the procedures at this courthouse.
How long does an arraignment take?
An arraignment typically takes only a few minutes on the record, but the overall wait at the courthouse can last several hours. The exact timeline depends on the court’s calendar, the number of cases that day, and whether the defendant is in custody. After the formal appearance, your lawyer will often speak with the prosecutor. The court may schedule the next hearing for several weeks later. Contact our firm to discuss scheduling logistics.
What happens if I miss my arraignment?
If you fail to appear at your scheduled arraignment in Staten Island, the judge may issue a bench warrant for your arrest. It is essential to contact your attorney immediately if you cannot attend. In some situations, your lawyer may be able to reschedule or appear on your behalf. Ignoring the court date can lead to additional charges and bail revocation.
Can I speak to the judge about the facts of my case?
It is generally not advisable for a defendant to speak directly to the judge about the facts at arraignment. Anything you say can be used against you. Your attorney will handle all communication with the court and the prosecutor. If the judge asks a procedural question—such as your name and address—you may answer. Otherwise, let your lawyer speak for you to avoid hurting your case.
What should I bring to my arraignment?
You should bring any court paperwork you received at the time of arrest, a government-issued ID, and contact information for your attorney. If you plan to hire private counsel, have the attorney’s information ready. Do not bring weapons, drugs, or any contraband into the courthouse. Dress respectfully. Arrive early to allow time for security screening at the St. George courthouse.
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 founded the firm in 1997. He is admitted to practice in New York and four other jurisdictions, allowing him to serve clients across the state. Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary. The team includes former prosecutors and a former law enforcement officer, providing a thorough understanding of how the criminal justice system works. Our New York location serves clients in Staten Island and throughout Richmond County. By appointment only. To schedule a consultation, call (888) 437-7747.
Related Practice Areas
Staten Island Criminal Defense Lawyer |
New York Criminal Defense Practice |
Criminal Defense Overview