What happens at a criminal arraignment in Kings County
When you are arrested in Kings County, Brooklyn, your first court appearance is the arraignment. This proceeding typically occurs within 24 hours of arrest at the NYC Criminal Court, located at 360 Adams Street in Brooklyn. At arraignment, the judge informs you of the charges, ensures you understand your right to an attorney, and asks you to enter a plea. Release conditions—whether you will be released on your own recognizance or, in certain cases, bail will be set—are also determined. Under New York's 2020 bail reform, cash bail is generally not required for most misdemeanors and non-violent felonies, but serious charges or prior failures to appear may lead the court to impose bail. Having an experienced defense attorney present can protect your rights during this critical first hearing. Law Offices Of SRIS, P.C., led by former prosecutor Mr. Sris, represents individuals at arraignments in Kings County. Reach our location at (888) 437‑7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
How the Arraignment Process Works in Kings County
Arraignment in Kings County is conducted in the Criminal Court of the City of New York, Brooklyn division. After you are arrested and processed, you will be brought before a judge—usually within a day—for a brief hearing. The judge reads or summarizes the charges, and the prosecutor may announce the statutory basis for the charges. You will be asked to enter a plea. The three possible pleas are not guilty, guilty, or no contest. Most defendants enter a plea of not guilty at this stage, because a guilty plea at arraignment results in immediate sentencing and waives the right to a trial and other procedural safeguards. Your attorney can advise you on the appropriate plea for your case, and the judge will confirm that you understand the rights you are giving up if you plead guilty.
After the plea, the court addresses release. For many low-level offenses, you may be released on your own recognizance—meaning you simply promise to appear and do not have to pay any money. In cases where bail is set, the amount and any conditions will be stated. The judge may also issue a temporary order of protection if a complaining witness is involved. The case is then adjourned for a future date, which may be a conference, a motion schedule, or a trial date. This adjournment is entered into the court's calendar, and your attorney will receive the next appearance information. The arraignment is not the trial; it is the moment that formally commences the criminal proceeding in Kings County.
Frequently Asked Questions
What is an arraignment in Kings County criminal court?
An arraignment is the first formal court appearance after an arrest in Kings County, during which you are told the charges against you and asked to enter a plea. The hearing is held at the NYC Criminal Court in Brooklyn, located at 360 Adams Street. The judge also decides whether you will be released, and if so, under what conditions. This is not a trial, and no evidence is presented. It is a procedural hearing to start the case and ensure you understand your rights.
Do I need a lawyer at my arraignment in Kings County?
Although you are not legally required to have a lawyer present at arraignment, having one is strongly recommended. The decisions made at arraignment—such as what plea you enter and whether you are released or held on bail—can affect the entire case. A defense attorney can explain the charges, negotiate with the prosecutor regarding release or potential dismissal, and ensure you do not waive important rights. If you cannot afford an attorney, the court will assign one, but this may happen only after the arraignment has concluded.
What plea should I enter at an arraignment in Brooklyn?
Most defendants enter a plea of not guilty at arraignment. A not guilty plea preserves all of your rights, including the right to a trial, the right to challenge evidence, and the right to negotiate with the prosecutor. Pleading guilty at arraignment results in immediate sentencing and waives these protections. An attorney can help you understand whether a different plea might be appropriate under the specific circumstances of your case.
What happens if I miss my arraignment in Kings County?
If you fail to appear for your scheduled arraignment, the court will likely issue a bench warrant for your arrest. Missing arraignment is a serious matter that can lead to additional charges and may cause the prosecutor to oppose any future requests for release on your own recognizance. You should contact an attorney immediately if you believe you might miss your court date, as they can sometimes work with the court to reschedule before a warrant issues.
Can I be released without bail at my Kings County arraignment?
Yes, many defendants are released on their own recognizance—without having to pay any bail—at arraignment in Kings County. Under New York's 2020 bail reform, cash bail is generally not required for most misdemeanors and non-violent felonies. The judge may still set non-monetary conditions, such as supervised release or a temporary order of protection. For serious violent felonies or cases involving a pattern of failure to appear, the court retains the authority to set bail.
What is a desk appearance ticket and how does it affect arraignment in Kings County?
A desk appearance ticket (DAT) is a written order issued by the police directing you to appear in court on a future date instead of being held for an immediate arraignment. For many low-level offenses, including certain misdemeanors, you may be released with a DAT after processing. You then appear at the scheduled date for your arraignment. The DAT process avoids the need for a post-arrest detention hearing, and you attend the arraignment on your own. If you receive a DAT, you must appear on the specified date—failure to do so can result in a warrant.
What is an Adjournment in Contemplation of Dismissal (ACD) and can it be considered at arraignment?
An Adjournment in Contemplation of Dismissal (ACD) is a disposition under New York law that allows the case to be postponed for six to twelve months with the understanding that the charges will be dismissed at the end of that period if you stay out of trouble. While an ACD is usually negotiated after arraignment, your attorney can discuss the possibility with the prosecutor early. If an ACD is offered, the case is adjourned and the charges are eventually dismissed and sealed without a criminal conviction.
How long does a criminal arraignment typically take in Brooklyn?
The arraignment hearing itself usually lasts only a few minutes. However, you may spend several hours waiting in court because the calendar is busy and your case may be called at any time. The actual proceeding involves a brief conversation between the judge, your attorney, and the prosecutor. Once the plea is entered and release conditions are set, the court moves on to the next case. The total time you spend at the courthouse on arraignment day can vary significantly depending on the volume of cases.
What documents should I bring to my Kings County arraignment?
If you are released on a desk appearance ticket, bring that ticket, a valid form of identification, and any paperwork the police gave you. You should also bring notes about any witnesses, alibis, or important details that you want your attorney to know. If you are being held in custody before arraignment, the court will have the necessary charging documents, but any information you can give your attorney about the arrest and your background can be helpful.
Can charges be dropped at arraignment in Kings County?
While it is uncommon for charges to be dropped entirely at arraignment, the prosecutor may decide to decline prosecution or amend charges at any stage, including at this initial hearing. If the prosecutor determines there is insufficient evidence to proceed, they can move to dismiss. More often, charges are modified or reduced later after further investigation. An experienced defense attorney can argue for dismissal or reduction if the charging document is defective or the facts do not support the offense.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with substantial experience in criminal trial work. He leads a team of experienced Of Counsel attorneys who handle criminal defense matters in New York, including arraignments in Kings County and throughout the five boroughs. 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 extensive combined legal experience. Results may vary. For a consultation about your Kings County case, reach our location at (888) 437‑7747.
For legal representation in Kings County, visit our criminal defense lawyer in Kings County (Brooklyn) page. Our firm also serves clients in New York County (Manhattan) and Queens County (Queens).
For official court information, see the NYC Criminal Court. For the statutes governing arraignment, review the New York Criminal Procedure Law.
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