An arraignment is the first formal court appearance that follows an arrest. The defendant appears before a judge and the charges are read. The court addresses the defendant’s rights, plea, and release from custody.
If you have been charged with a crime in New York, the arraignment can feel overwhelming. You may not know what to say or what happens next. A criminal defense lawyer can help you make informed decisions from the beginning.
This article explains the New York arraignment process. It also explains what your lawyer may tell you before, during, and after the proceeding.
A plea has consequences beyond your first court appearance. You should understand those consequences before making an informed decision.
A criminal defense lawyer can review the charges and available information. Your lawyer can also identify potential defenses and procedural issues. Call 917-519-8417
An arraignment is a formal court proceeding in which a defendant appears before the court. The court identifies the charges and advises the defendant of important rights. The defendant then enters a plea, usually guilty or not guilty.
An arraignment is not a trial. The judge does not usually determine whether the defendant committed the alleged offense at this stage.
During an arrignment the court also addresses whether the defendant will remain in custody. Depending on the circumstances, the judge may release the defendant without bail. The judge may also impose non-monetary conditions or set bail when permitted by law.
Before arraignment, your lawyer will explain the charges. A NYC criminal defense lawyer will help you understand the consequences of each charge. Your legal counsel will also discuss your plea options. Never assume that a guilty plea is your only option.
Your attorney will tell you not to discuss the facts publicly. You should avoid discussing the case on social media. You should also preserve potentially relevant messages, photographs, records, and other evidence.
Most importantly, tell your lawyer the truth. Your lawyer needs accurate information to provide effective representation.
Your lawyer will generally speak for you during important portions of the proceeding. You should listen carefully and follow your attorney’s instructions.
Do not interrupt the judge or prosecutor. Do not volunteer explanations about the allegations unless your lawyer advises you to speak.
Your lawyer can argue for release without bail and may also address proposed release conditions. If you are asked to enter a plea, your lawyer should have discussed that decision with you beforehand. Make sure you understand what you are agreeing to before you choose to enter a guilty plea.
After the proceeding, your lawyer can explain what happened, your plea and your current release status. Your lawyer will tell you the next court date and explain if any restrictions were imposed by the court.
Your attorney will discuss discovery and the evidence expected from the prosecution. Legal counsel may also identify potential motions or defense strategies.
Finally, follow every court order. Keep your lawyer informed about changes in your address or contact information.
The purpose of an arraignment is similar for felonies and misdemeanors but the procedures differ.
A felony is a serious criminal charge. A felony complaint may begin the case in a local criminal court. The arraignment will address whether the defendant remains held in jail for further felony proceedings.
A defendant charged with a felony has a right to legal counsel. The defendant also has rights concerning a preliminary hearing and grand jury proceedings.
If the defendant pleads not guilty, the case may proceed toward a grand jury presentation. In some circumstances the prosecutor may also reduce the charges.
Misdemeanors are less serious than felonies, but they still carry potentially significant consequences. A misdemeanor arraignment involves the charges, the defendant’s rights, the plea, and release conditions.
New York law provides defendants with a right to counsel at arraignment. A defendant without counsel can request an adjournment to obtain a lawyer.
New York’s Criminal Procedure Law (CPL) establishes procedural rights and statutory requirements for arraignments:
CPL § 170.10 — Arraignment upon Information>Misdemeanor Complaint
Mandates that the court inform the defendant of charges, provide copies of the accusatory instrument, and ensure the right to counsel.
CPL § 170.55 — Adjournment in Contemplation of Dismissal (ACD)
Details the option for a judge to grant an ACD upon or after arraignment, adjourning the action with a view toward ultimate dismissal.
Felony Complaints
CPL § 180.10 — Proceedings upon Felony Complaint; Arraignment
Outlines rights specific to felony arraignments, including the right to a prompt preliminary hearing.
CPL § 180.80 — Release of Defendant from Custody
Regulates time limits for holding a defendant in custody on a felony complaint without a grand jury indictment or preliminary hearing.
Bail & Securing Orders
CPL Article 530 — Orders of Recognizance or Bail
Governs how judges determine whether to release defendants on their own recognizance (ROR), assign non-monetary conditions, or fix bail during arraignment.
Every case is unique. New York’s criminal law is too complex for defendent’s to represent themselves in court. Contact an experienced New York criminal defense attorney, call 917-519-8417 for a conidential consultation
An arraignment is a court proceeding where the charges are formally presented. The court also addresses your plea, right to counsel, and release status.
You have the right to counsel in a criminal case. A lawyer can protect your rights and advise you about your plea and release.
Do not plead guilty without first understanding the consequences. Your lawyer should review the charges and potential defenses with you.
A judge may issue a stay-away or no-contact order. The order can restrict contact with an alleged victim or another person.
Your lawyer should confirm your next court date before you leave. Write it down and keep the information somewhere accessible.
Not necessarily. New York courts can use different forms of release depending on the case and applicable law.
The case generally proceeds to additional criminal proceedings. These may include discovery, motions, hearings, negotiations, or trial.
