What happens at a criminal arraignment in Albany County
You were arrested last night in Albany County. It happened fast, and you may still be trying to understand the charges. After being booked and spending time in a holding cell, you learn you are about to be taken before a judge for your arraignment. You have never been through this before, and your mind is full of questions—what is an arraignment? What will happen in the courtroom? Can you be released? Do you need a lawyer right now? At Law Offices Of SRIS, P.C., our experienced criminal defense lawyers help people throughout Albany County understand the arraignment process and protect their rights beginning with the very first court appearance. Call (888) 437-7747 to speak with an attorney about your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Your Options at Arraignment — Representing Yourself vs. Hiring a Lawyer
As you prepare for your arraignment, one of the most important decisions you face is whether to ask for assigned counsel or retain your own attorney. If your income qualifies, the court will assign a public defender or an 18‑b panel attorney to represent you. However, those lawyers often carry large caseloads and may not have the time to give your matter the focused attention it deserves. Retaining private counsel—like Law Offices Of SRIS, P.C.—means you will have an advocate who can review the charges against you right away, assess any weaknesses in the prosecution’s case, and begin building a defense strategy from the start. At arraignment, having a lawyer at your side can influence the judge’s bail decision, help you enter a proper plea, and set the stage for a more favorable outcome down the road.
What Happens Step‑by‑Step at an Albany County Arraignment
An arraignment is your first formal court appearance after an arrest. In Albany County, the process varies depending on whether you are facing a misdemeanor or a felony. Misdemeanor cases are heard in the local criminal court, often Albany City Court. Felony cases begin with an arraignment in the local court before being transferred to the Albany County Court or the New York Supreme Court Criminal Term at 16 Eagle Street in Albany. Regardless of the court, the proceeding follows a similar path.
First, the judge will read the charges against you—they are spelled out in a complaint or, for felonies, in a grand jury indictment. If you do not have a lawyer, the judge will advise you of your right to counsel and may appoint an attorney if you cannot afford one. Next, you will be asked to enter a plea. In most cases, your attorney will enter a plea of “not guilty,” which preserves your legal rights and gives your defense team time to review the evidence and negotiate with the prosecutor. The judge will also decide whether you remain in custody pending trial or can be released. Under New York’s 2020 bail reform, cash bail has been eliminated for most misdemeanors and non‑violent felonies. Many people are released on their own recognizance or given a desk appearance ticket before arraignment. However, bail may still be set in cases involving violent felonies or certain other qualifying offenses. Your lawyer can argue for the least restrictive conditions, such as supervised release, so that you can return to your family and job while your case moves forward.
Potential Penalties for Criminal Charges in New York
At your arraignment, the judge will also inform you of the maximum possible penalties if you are convicted. The consequence you face depends entirely on the class of the offense. New York law divides crimes into violations, misdemeanors, and felonies, with each carrying a statutory maximum.
For violations, the maximum jail term is 15 days. A class B misdemeanor can result in up to three months in jail, while a class A misdemeanor—such as petit larceny, simple assault, or criminal possession of a controlled substance in the seventh degree—carries up to a year. Felony sentences increase dramatically. Class E felonies, which include certain grand larceny offenses, are punishable by one to four years in prison. Class D felonies carry two to seven years, class C felonies three and a half to 15 years, and class B felonies five to 25 years. The most serious offenses, class A‑I felonies, are punishable by 15 years to life. Because these are only the statutory maximums, the sentence you receive will depend on your prior record, the specific facts of your case, and the quality of your defense. An experienced attorney can work to negotiate a plea to a lesser charge or seek alternative programs, such as an Adjournment in Contemplation of Dismissal (ACD), which can lead to the charges being dismissed after a period of good behavior.
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 has been handling criminal defense matters since establishing the firm in 1997. Admitted in New York as well as Virginia, Maryland, the District of Columbia, and New Jersey, he brings a multi‑state perspective to each case. Mr. Sris is supported by a team of experienced Of Counsel attorneys who collectively work on criminal defense matters across Albany County and beyond. Together they review charges, challenge procedure, and fight for practical resolutions. Because the firm operates by appointment, you will never be rushed through a crowded intake room; your case receives individual case review from the moment you call. To schedule a consultation, phone (888) 437-7747.
Frequently Asked Questions About Arraignment in Albany County
What is an arraignment?
An arraignment is the first court hearing after an arrest, where the judge formally tells you what charges are being brought against you. At the hearing, the judge will also ask you to enter a plea, decide whether you can be released from custody, and—if you do not have a lawyer—advise you of your right to counsel. The arraignment is not the trial; it simply begins the legal process. Having a defense attorney present can help you navigate the proceeding and protect your rights early on.
Do I need a lawyer at my arraignment?
Yes, you are strongly advised to have a lawyer present at your arraignment. An experienced criminal defense attorney can review the charges immediately, argue for release on your own recognizance or the lowest possible bail, and enter a plea that keeps your options open. If you appear without counsel, the judge will ask if you want to hire a lawyer or apply for a public defender. Choosing the right attorney right away can make a significant difference in how your case proceeds.
What is a desk appearance ticket, and will I still have an arraignment?
A desk appearance ticket (DAT) instructs you to appear in court on a future date instead of being held in custody for an immediate arraignment. If you receive a DAT after an arrest in Albany County, your arraignment will take place on the date printed on the ticket. You should still contact an attorney before that court date so you arrive prepared and represented. A DAT does not mean the charges have gone away—it simply means you will not be held in jail pending your first court appearance.
Will I be released on bail at my Albany County arraignment?
Under New York’s 2020 bail reforms, cash bail is no longer required for most misdemeanors and non‑violent felonies. Many defendants are released on their own recognizance or under supervised release conditions. Bail can still be set in cases involving violent felonies, certain sex offenses, witness intimidation, and other specified charges. Your attorney can argue that you present a low flight risk and ask the judge to adopt the least restrictive conditions possible, which may include electronic monitoring or regular check‑ins rather than cash bail.
What plea should I enter at arraignment?
In almost every case, your attorney will enter a plea of “not guilty” at the arraignment. A not‑guilty plea preserves all of your legal rights and gives your defense team time to examine the evidence, talk to the prosecution, and build a strategy. You are not required to admit anything, and pleading not guilty at this stage does not prevent you from later negotiating a favorable resolution, such as a reduced charge or participation in a diversion program.
What if I cannot afford a lawyer?
If your income meets the court’s financial guidelines, the judge will assign a public defender or a private attorney from the 18‑b panel to represent you at no cost. However, assigned counsel often carry heavy caseloads, and your matter may not receive the individual case review it deserves. Retaining private counsel, like the lawyers at Law Offices Of SRIS, P.C., ensures that your case is handled by a dedicated defense team with the resources to thoroughly investigate and challenge the prosecution’s case.
What happens after the arraignment?
After arraignment, your case proceeds to a series of court dates that typically include a preliminary hearing, discovery, and possible suppression motions before a trial. For misdemeanors, the next appearance will often be in the same local criminal court for a conference with the prosecutor. For felonies, the case moves up to the Albany County Court or Supreme Court, where the district attorney’s office will present the evidence to a grand jury unless the defense waives that right. Your attorney will use the time after arraignment to investigate, file motions, and negotiate with the prosecutor toward a dismissal or a more lenient plea.
Can an ACD (Adjournment in Contemplation of Dismissal) be offered at arraignment?
An ACD is not typically granted at arraignment; it is usually discussed after the initial appearance, during subsequent court conferences. An ACD is a disposition under New York Criminal Procedure Law that allows the court to adjourn your case for six to 12 months and then dismiss it if you stay out of trouble. It is available for many first‑offense cases, especially non‑violent misdemeanors. Your attorney can explore whether you are eligible and advocate for this outcome at the appropriate stage of your case.
How long does the arraignment take?
The arraignment hearing itself is usually brief—often only a few minutes—but you may need to wait several hours at the courthouse for your case to be called. Because the court processes numerous cases each day, plan to be present for an extended period. Your lawyer can often help minimize wait times by coordinating with the court clerk and the prosecutor ahead of your appearance. It is important to arrive on time, dressed appropriately, and with a clear understanding of what will take place.
What court handles my arraignment in Albany County?
Where your arraignment takes place depends on the severity of the charge. Misdemeanor and violation‑level offenses are arraigned in the local criminal court, typically Albany City Court. Felony cases may be arraigned first in that local court before being transferred to the Albany County Court or the New York Supreme Court Criminal Term, located at 16 Eagle Street in Albany. The venue can affect bail considerations, legal deadlines, and the overall pace of your case, so it is essential to know which court is handling your matter.
Schedule a Consultation
If you or someone you care about is facing a criminal arraignment in Albany County, the decisions you make now can affect the course of your entire case. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. are ready to help. Reach out today to discuss your situation and learn what a dedicated defense attorney can do for you. Call (888) 437-7747 to arrange a consultation at your convenience.
Our New York location: 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202. By appointment only.
Related Criminal Defense Resources
Explore additional resources for criminal defense matters in other New York counties:
New York County Criminal Defense Lawyer |
Kings County Criminal Defense Lawyer |
Queens County Criminal Defense Lawyer
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