What happens at a criminal arraignment in Westchester County
When you are charged with a crime in Westchester County, the arraignment is your first formal appearance before a judge. At the arraignment, the court will advise you of the charges against you, explain certain rights, and ask how you plead. This hearing sets the stage for how your case will proceed. For many people, the process can feel unfamiliar, but knowing what to expect can help. If you have been arrested or received a summons to appear, reach Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding the Arraignment Process
In Westchester County, the location of the arraignment depends on the level of the charge. Most misdemeanor cases are heard in the local criminal court—for example, the City Courts of White Plains, Yonkers, Mount Vernon, or New Rochelle, or the Town and Village Justice Courts. Felony cases are arraigned in the Westchester County Supreme Court Criminal Term, located at 111 Dr. Martin Luther King Jr. Blvd, White Plains, NY 10601. The court will read the formal charges and confirm that you understand them. You will also be informed of your right to counsel, your right to remain silent, and your right to a preliminary hearing or grand jury presentation. The judge may address bail at this hearing, though New York’s 2020 bail reform eliminated cash bail for most misdemeanors and non‑violent felonies; many individuals receive a desk appearance ticket and are released before arraignment.
The arraignment is typically brief, but it has real consequences. After hearing the charges, you will be asked to enter a plea of guilty, not guilty, or, in some cases, no contest. Pleading not guilty preserves your right to challenge the evidence and negotiate with the prosecutor. If you cannot afford an attorney, you may request assigned counsel through the public defender’s office or the 18‑b panel. Mr. Sris and his Of Counsel team represent clients at arraignment in Westchester County, working to protect your rights from the very first hearing.
Frequently Asked Questions
What happens at a criminal arraignment in Westchester County?
The judge informs you of the charges, advises you of your rights, sets bail or release conditions, and takes your plea. In Westchester, misdemeanor arraignments occur in the local criminal court of the city, town, or village where the incident occurred, while felonies are arraigned in the Westchester County Supreme Court. You will be told of your right to remain silent and your right to a lawyer. The court may address bail—though many misdemeanor cases involve release on your own recognizance after the bail reform law. The case is then adjourned for a future conference or hearing.
Do I need a lawyer at my arraignment?
You are not required to have a lawyer at arraignment, but having counsel present can significantly affect the outcome. An experienced attorney can argue for your release without bail, negotiate a favorable plea offer early, and identify procedural issues that may lead to a quicker resolution. If you cannot afford a lawyer, the court will appoint one, but you must still request that. Mr. Sris and his Of Counsel appear at arraignments throughout Westchester County to help individuals navigate this critical stage.
What should I expect when I go to court for arraignment?
Expect to be in a courtroom with other defendants, to stand before the judge, and to answer basic questions. You will likely be called by your name and case number. The judge will summarize the charges and ask if you understand them. If you have a lawyer, the lawyer will speak on your behalf. If bail is at issue, the judge will consider factors such as ties to the community, prior record, and the nature of the offense. Dress neatly and arrive on time—the court’s schedule is tight, and missing your call can result in a warrant.
Will I be released after arraignment?
In many cases, yes—especially for non‑violent misdemeanors and low‑level felonies that are covered by New York’s 2020 bail reform. Under the reformed bail statutes, cash bail is no longer set for most misdemeanors and a wide range of non‑violent felonies. For those offenses, you are typically released on your own recognizance or with non‑monetary conditions. If you are charged with a violent felony or a qualifying offense, the judge may set bail, and you could be remanded. The judge’s decision depends heavily on the specific facts and your individual circumstances.
What if I cannot afford a lawyer?
If you cannot afford private counsel, you may ask the court to assign a public defender or an attorney from the 18‑b assigned counsel panel. In Westchester County, the Legal Aid Society and the Office of the Assigned Counsel Plan handle indigent representation. You must request assigned counsel at arraignment and complete a financial affidavit. The judge will review your eligibility and appoint an attorney if you qualify. While assigned counsel are competent, the assigned attorney will not have the one‑on‑one time that privately retained counsel can devote to your case.
What is the difference between a felony and misdemeanor arraignment in Westchester County?
Felony arraignments occur in the Westchester County Supreme Court, while misdemeanor arraignments take place in the local criminal court of the city, town, or village where the offense occurred. Felony cases are more serious and carry potentially longer prison sentences, so the judge may spend more time on bail and on advising you of your rights to a grand jury presentation. For certain felonies, the court may hold a preliminary hearing before a case is presented to the grand jury. Misdemeanor arraignments are often quicker and, under bail reform, rarely involve cash bail.
Can an arraignment be waived?
Yes, in some circumstances, you or your attorney can waive the formal reading of the charges and enter a plea on the papers. This is most common when you have retained counsel who files a notice of appearance before the arraignment date. Your lawyer can then communicate your not‑guilty plea and any bail position without you having to appear in person. However, the court may still require you to appear, especially for felony charges or if you are in custody. It is best to discuss with an attorney whether a waiver is appropriate in your situation.
How does bail work in Westchester County?
New York’s 2020 bail reform eliminated cash bail for most misdemeanors and a wide range of non‑violent felonies. For eligible charges, you will be released on your own recognizance or with conditions such as a temporary order of protection. For violent felonies and certain exceptions—such as domestic violence felonies, sex offenses, and witness intimidation—the judge retains the authority to set cash bail, insurance bond, or partially secured bond. The judge must consider your financial circumstances when setting bail, and the purpose is to ensure your return to court, not to punish you before trial.
What if I miss my arraignment?
Missing an arraignment or any scheduled court date can result in a bench warrant for your arrest. If you have a valid reason, you or your attorney should contact the court immediately to reschedule. A warrant could lead to additional charges, a bail‑jumping offense, and a loss of any favorable release status. Even if you believe the matter is minor, taking it seriously and attending every court date is essential. If a warrant is issued, legal counsel can help you address the situation before you are taken into custody.
How can Law Offices Of SRIS, P.C. help at arraignment?
The firm sends experienced counsel to arraignments throughout Westchester County, from Yonkers City Court to the Westchester County Supreme Court. Mr. Sris, a former prosecutor, understands the perspectives of both the prosecution and the defense. His Of Counsel team brings extensive legal experience to each matter. They can argue for the most favorable release conditions, make a record for appeal if necessary, and begin identifying weaknesses in the case from the very first hearing. To discuss your upcoming arraignment, call (888) 437-7747.
About Mr. Sris and His Of Counsel Team
Mr. Sris is Owner and Founder of Law Offices Of SRIS, P.C., he is a former prosecutor and has been admitted to practice in New York, Virginia, Maryland, the District of Columbia, and New Jersey since 1997. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His multi‑state practice allows the firm to represent clients across jurisdictions, and his Of Counsel team is available to appear in Westchester County courts for criminal arraignments and all subsequent proceedings.
Mr. Sris and his Of Counsel bring extensive combined legal experience to criminal defense matters. They work closely with each client to develop a defense strategy that fits the facts of the individual case. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
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Related pages:
Criminal Defense Lawyer Westchester County
DUI Lawyer Westchester County
Drug Crime Lawyer Westchester County
Outbound primary sources:
Westchester County Supreme Court | New York Penal Law | New York State Unified Court System.