What happens at a criminal arraignment in New York County
When a person is arrested in Manhattan, the first court appearance they attend is the arraignment—a critical procedural step that formally starts the criminal case. In New York County, the arraignment is where the defendant is brought before a judge, informed of the charges filed against them, advised of their constitutional rights, and given an opportunity to enter a plea. Misdemeanor arraignments are typically heard at the New York City Criminal Court, Manhattan Division, while felony arraignments proceed in the New York County Supreme Court, Criminal Term, both at 60 Centre Street, New York, NY 10007. Having knowledgeable legal representation present at this stage can shape bail decisions, protect the defendant’s rights, and set the direction of the entire case. Mr. Sris and his Of Counsel appear at arraignments in New York County and work to secure the most favorable outcome possible from the outset. To discuss a pending arraignment, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Understanding the Arraignment Process in New York County
An arraignment is the formal court hearing where the defendant hears the official charges and is given the opportunity to respond. Under the New York Criminal Procedure Law, the arraignment must be conducted without unreasonable delay. In New York County, if a person is arrested and held in custody, the arraignment generally occurs the same day or the following business day. For those who receive a Desk Appearance Ticket (DAT) for low‑level offenses, the arraignment is scheduled for a later date.
The arraignment begins with the judge calling the case. The prosecutor, representing the District Attorney’s Office, reads the charges aloud—whether a misdemeanor complaint or a felony complaint. The defendant is then advised of several key rights: the right to remain silent, the right to an attorney (and that one will be appointed if the defendant cannot afford private counsel), the right to a prompt preliminary hearing (in felony cases), and the right to communicate with family and consular officials if applicable.
After advisements, the defendant enters a plea. The most common plea is not guilty, which preserves all defenses and allows time to investigate the case. A defendant may also plead guilty, but such a plea at the arraignment is rare except in negotiated dispositions. Once the plea is entered, the judge addresses bail. New York’s 2020 bail reform sharply limits when cash bail may be imposed. For most misdemeanors and non‑violent felonies, the law requires release on recognizance (a personal promise to return to court) or with non‑monetary conditions, such as supervised release or a protective order. Cash bail may be set only for qualifying offenses enumerated in the Criminal Procedure Law, such as certain violent felonies, sex offenses, and specific domestic‑violence charges. The defense attorney has an opportunity to argue for release, present community ties, and challenge the prosecution’s bail request.
In New York County, the arraignment is not an evidentiary hearing; no witnesses testify and no evidence is presented. However, the prosecutor may make a record of the allegations and any requests for an order of protection. The court will then set future dates—for a misdemeanor, a control date for discovery and possible motion practice; for a felony, a date for a grand jury report or a preliminary hearing. The entire proceeding may take only a few minutes, but its impact on the case is lasting.
How Mr. Sris and His Of Counsel Assist at a New York County Arraignment
Appearing at an arraignment with an experienced defense attorney can materially affect how the case begins. Mr. Sris and his Of Counsel team examine the criminal complaint for legal deficiencies, argue for release under bail reform provisions, and work to prevent overreaching conditions of release. A well‑prepared attorney may persuade the prosecutor to reduce charges at the arraignment, agree to an Adjournment in Contemplation of Dismissal (ACD) for eligible offenses, or set a schedule that permits a thorough defense investigation.
Because the arraignment is often the first interaction between the defendant and the court system, having a lawyer who understands the practices of the Manhattan Criminal Court and the New York County Supreme Court provides a significant advantage. Mr. Sris and his Of Counsel know how the judges in the 1st Judicial District handle arraignment calendars, which prosecutors are willing to negotiate early, and what local programs—such as supervised release or alternative‑to‑incarceration options—are available. While the ultimate outcome of a case depends on many factors, beginning the matter with a focused legal strategy helps protect the defendant’s interests from day one.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he understands how the government builds its cases and uses that insight to defend individuals facing criminal charges. 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 and have achieved 4,739+ documented firm-wide results. Results may vary.
Frequently Asked Questions
Do I need a lawyer at my arraignment in New York County?
You are not legally required to have an attorney, but having counsel present at the arraignment significantly improves your ability to protect your rights, secure pretrial release, and avoid mistakes that could damage your case. A lawyer can challenge the sufficiency of the complaint, argue against cash bail, request an ACD if eligible, and advise you on the plea that is most appropriate for your situation. Self‑representation at this stage is risky because the arraignment sets the procedural course for the entire prosecution.
What happens if I miss my arraignment in New York County?
Missing an arraignment typically results in the judge issuing a bench warrant for your arrest, which authorizes law enforcement to take you into custody. The warrant will remain active until you appear before the court. If you realize you will miss the arraignment, contact your attorney immediately. In some cases, counsel can appear on your behalf and ask the judge to stay the warrant and reschedule the proceeding, but there is no guarantee the court will accommodate the request.
Can my charges be dropped at the arraignment?
Charges are rarely dismissed at the arraignment itself because the prosecution is not required to present evidence at that stage. However, if the criminal complaint is legally defective—for example, it fails to state a crime or lacks necessary factual allegations—the defense attorney can move to dismiss. More often, the arraignment is used to discuss an Adjournment in Contemplation of Dismissal (ACD) for low‑level offenses, which can result in a dismissal after six to twelve months if the defendant stays out of trouble.
What is an Adjournment in Contemplation of Dismissal (ACD) and can it be granted at arraignment?
An ACD is a New York disposition under Criminal Procedure Law § 170.55 in which the case is adjourned for a period (usually six months) and, if the defendant has no new arrests and complies with any conditions, the charges are automatically dismissed and the record is sealed. An ACD can be offered at the arraignment for certain first‑offense, non‑violent charges. Mr. Sris and his Of Counsel routinely negotiate for an ACD at the earliest opportunity, avoiding a criminal record and the need for repeated court appearances.
Will bail be set at my arraignment in Manhattan?
Under New York’s bail reform laws, most misdemeanors and many non‑violent felonies require that you be released on your own recognizance, without any cash bail. Cash bail may be set only for a limited list of qualifying offenses, such as violent felonies, sex offenses, and certain domestic‑violence charges. Even when bail is an option, the court must start with the least restrictive condition necessary to ensure your return to court. An attorney can argue for supervised release instead of bail and present evidence of community ties, employment, and lack of flight risk.
What should I wear to my arraignment in New York County?
Arrive at the courthouse dressed neatly and conservatively—think business‑casual attire such as slacks, a button‑down shirt, and closed‑toe shoes. Avoid clothing with logos, revealing styles, or anything that might be viewed as disrespectful. Your appearance can influence how the judge and prosecutor perceive you, and showing respect for the court is always advisable. If you are brought to court directly from custody, your attorney can inform the judge of the circumstances.
Primary legal sources: New York County Supreme Court — Criminal Term (official court page) | NYC Criminal Court (official court page) | New York Criminal Procedure Law (CPL).
Related locations served: 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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