What happens at a criminal arraignment in Brooklyn

At a criminal arraignment in Brooklyn, you are formally informed of the charges against you, you enter a plea of guilty or not guilty, and the judge decides whether you will be released on your own recognizance, set bail, or be held pending trial. In Kings County—more commonly known as Brooklyn—misdemeanor arraignments take place in the Kings County Criminal Court at 120 Schermerhorn Street, while felony arraignments are heard in the Kings County Supreme Court Criminal Term at 320 Jay Street. Because New York’s bail reform eliminated cash bail for most misdemeanors and non‑violent felonies, many defendants are released without bail, but the prosecutor may request conditions or supervised release. An arraignment is a critical juncture: the plea you enter, the arguments made about bail, and the next court date all shape the direction of your case. If you or a loved one is facing arraignment in Brooklyn, reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to speak with an experienced attorney about your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Understanding the Arraignment Process in Brooklyn

An arraignment is the first court appearance after an arrest. In Brooklyn, the police must bring an arrested person before a judge “without unnecessary delay.” The court calendar moves quickly; depending on the time of arrest, the arraignment may occur the same day or the following morning. At the hearing the defendant is informed of the charges, the prosecutor may describe the evidence supporting them, and the defendant—through counsel—enters a plea. The judge then addresses pretrial release, often guided by New York’s 2020 bail reform. For most misdemeanors and non‑violent felonies, cash bail is not permitted; a defendant is typically released on recognizance or with non‑monetary conditions. For violent felonies and certain qualifying offenses, bail may be set or the judge may order detention. In Brooklyn, the Kings County District Attorney’s Office prosecutes the case. The arraignment judge also schedules the next court date—for misdemeanors a conference or trial date, for felonies the date for grand jury action. Having counsel present is essential because decisions made at arraignment, including the plea and release conditions, can have lasting effects on the case.

For first‑offense cases, Brooklyn courts frequently use the Adjournment in Contemplation of Dismissal (ACD). Under an ACD the case is adjourned for a period of six to twelve months; if the defendant stays out of trouble and complies with any conditions, the charge is automatically dismissed and sealed. The ACD is commonly offered in cases such as petit larceny, disorderly conduct, and certain drug possession matters. An attorney can argue for an ACD at arraignment or at a later appearance.

Frequently Asked Questions

What exactly happens at an arraignment in Brooklyn?

At an arraignment, the defendant is formally advised of the charges, enters a plea, and the judge decides pretrial release. The process typically begins with the prosecutor reading a summary of the charges. The defendant, through counsel, responds with a plea of “not guilty” or, occasionally, “guilty.” The judge then hears arguments about bail or release. In Brooklyn, most misdemeanor defendants are released on their own recognizance under New York’s bail reform. The judge will also set the next court date—a conference or trial date for misdemeanor cases, or a date for grand jury consideration if the charge is a felony. The entire proceeding usually lasts only a few minutes, but its consequences are significant.

Do I need a lawyer at my arraignment?

You have a right to counsel at arraignment, and having an attorney present protects your interests from the very first hearing. An attorney can argue for release without bail, seek favorable conditions, request an ACD for eligible first offenses, and advise you on the likely consequences of a guilty plea. If you appear without counsel, the court will give you an opportunity to retain a private attorney or apply for a public defender. However, waiting until after arraignment to hire a lawyer can delay the defense and may allow the prosecution to set the tone for the entire case. Call Law Offices Of SRIS, P.C. at (888) 437‑7747 to discuss representation before your arraignment.

What if I cannot afford an attorney?

If you cannot afford private counsel, you may be eligible for a public defender or assigned counsel provided by the court. At arraignment, the judge will ask about your financial situation and, if you qualify, appoint an attorney from the Legal Aid Society, a public defender’s office, or the 18‑b panel. Representation through these offices is free or low‑cost. However, the appointed attorney often meets you for the first time just minutes before the hearing. Many individuals choose to hire private counsel to ensure a more thorough, personalized defense from the earliest stage.

How does bail work in Brooklyn after an arraignment?

Under New York’s 2020 bail reform, cash bail is not permitted for most misdemeanors and non‑violent felonies; release on recognizance or with non‑monetary conditions is the default. For violent felonies and a limited set of qualifying offenses, a judge may set bail in varying amounts or, in rare cases, order pretrial detention. If bail is set, the defendant can post the full amount, use a bail bondsman, or request a bail review hearing. The judge considers factors such as the severity of the charge, flight risk, and criminal history. Your attorney can argue for release under the least restrictive conditions.

What is an Adjournment in Contemplation of Dismissal (ACD) and am I eligible?

An ACD is a disposition that postpones the case for six to twelve months; if you stay out of trouble, the charges are dismissed and sealed. It is frequently offered to first‑time offenders in Brooklyn for minor offenses such as shoplifting, disorderly conduct, and some drug possession cases. The judge may impose conditions such as staying away from a complainant, completing community service, or attending a treatment program. An ACD avoids a conviction and, after the dismissal, the arrest record can be sealed. Eligibility depends on the charge and your criminal history, which an attorney can evaluate.

What happens if I plead not guilty at arraignment?

Pleading not guilty preserves your right to contest the charges, and the case moves forward with a pretrial conference or trial date. In Brooklyn, after a not‑guilty plea, the judge sets a date for the next court appearance. For misdemeanor cases, the next date is usually a conference where the prosecutor and defense attorney discuss the evidence and possible resolutions. For felony cases, the case may proceed to a preliminary hearing or be presented to a grand jury. Pleading not guilty does not prevent you from later negotiating a plea; it simply protects your rights while the case is investigated.

How long after arraignment will my trial take?

The time to trial varies, but New York’s speedy trial statute provides a benchmark: 90 days for misdemeanors and six months for felonies. In practice, many cases resolve without a trial through plea negotiations, diversion programs, or dismissals. If a case proceeds to trial, the timeline depends on the court’s calendar, the complexity of the charges, and pretrial motions. Brooklyn criminal courts handle a high volume of cases, so your attorney will work to move the case efficiently while protecting your rights. Additional details can be found in the Kings County criminal defense practice page.

Can the charges be dropped or reduced at arraignment?

While charges are occasionally dismissed or reduced at arraignment, this usually occurs when the prosecutor recognizes a fundamental weakness in the case. More commonly, an attorney’s advocacy at arraignment lays the groundwork for a later reduction or dismissal. For example, the attorney may negotiate an ACD on the spot, argue that the complaint is legally insufficient, or highlight facts that warrant a downgrade to a lesser offense. In many Brooklyn cases, the most favorable resolutions are achieved through strategic negotiation after arraignment.

What should I bring to my arraignment court date?

Bring a government‑issued photo identification, any paperwork related to your arrest, and contact information for your attorney and any potential sureties. If you have already hired a lawyer, make sure your attorney knows the date and time of the hearing. You should also bring your phone, but be prepared for court security to restrict its use inside the courtroom. Dress respectfully—court attire influences how the judge perceives you. Arrive early, allow time to pass through security, and meet your attorney before the calendar is called.

Can an arraignment be rescheduled or continued?

An arraignment can be continued if the defendant has not yet secured counsel or if either side requests additional time for good cause. In Brooklyn, if you appear without an attorney, the judge will typically adjourn the case for a short period—often a week—to allow you to hire counsel or apply for a public defender. However, the court may proceed with the arraignment if you waived your right to counsel after a proper advisement. If your attorney is not available, a request for a brief adjournment is usually granted.

What is a felony preliminary hearing vs. Arraignment in Brooklyn?

A felony preliminary hearing is a separate proceeding held after arraignment to determine whether there is probable cause to believe the defendant committed a felony. At the arraignment for a felony, the defendant enters a plea, but the case then moves toward either a preliminary hearing or grand jury presentation. In Brooklyn, the District Attorney often opts to present the case to a grand jury rather than proceed with a preliminary hearing. If the grand jury returns an indictment, the case will be transferred to the Supreme Court Criminal Term for further proceedings, including a second arraignment on the indictment.

How does an arraignment for a drug offense differ in Brooklyn?

Drug‑offense arraignments in Brooklyn often involve specialized diversion programs that can lead to treatment instead of jail. Many Brooklyn drug possession cases are eligible for court‑supervised treatment through programs such as the Brooklyn Treatment Court or the Judicial Diversion Program. At arraignment, your attorney can request screening for these alternatives. If you qualify and complete the program, the charges may be dismissed. Because drug‑related charges carry consequences beyond the criminal case—including immigration, housing, and employment issues—having an attorney familiar with Brooklyn’s drug‑crime procedures is especially important.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997 and has practiced in New York, Virginia, Maryland, the District of Columbia, and New Jersey. He is a former prosecutor whose firsthand trial experience informs the defense strategy on every case. Mr. Sris and his Of Counsel bring extensive combined legal experience. Results may vary. The firm’s attorneys concentrate in criminal defense and appear regularly in Brooklyn courts, including the Kings County Criminal Court and the Supreme Court Criminal Term. For a consultation about your Brooklyn arraignment, call (888) 437‑7747.

Last reviewed: July 2026

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