What happens at a criminal arraignment in Livingston County
An arraignment is the first formal court appearance a person makes after being arrested or receiving a criminal summons in Livingston County, New York. At this hearing, the court reads the charges aloud, advises the defendant of their right to an attorney, and determines the conditions of pretrial release. For misdemeanors and violation-level offenses, the arraignment occurs in the local criminal court, which sits in Geneseo and has jurisdiction over all towns in the county. Felony charges are arraigned in Livingston County Supreme Court, located at 2 Court Street in Geneseo, after a grand jury has returned an indictment. Under New York’s 2020 bail reform, cash bail has been eliminated for most misdemeanors and non‑violent felonies, so many individuals are released on their own recognizance or with non‑monetary conditions. Speaking with an attorney before your arraignment can help you understand what to expect. To discuss your situation, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Direct Answer: How the Arraignment Process Unfolds in Livingston County
Once a defendant appears, the judge or justice first confirms their identity and ensures they understand the purpose of the proceeding. The court then reads the accusatory instrument—an information, a misdemeanor complaint, or an indictment—aloud and advises the defendant of the right to counsel. If the defendant cannot afford an attorney, the court assigns a public defender or an attorney from the county’s Assigned Counsel Panel. The defendant is then asked to enter a plea. On a misdemeanor or violation, a not-guilty plea triggers the scheduling of future court dates. In felony cases, the defendant typically stands mute at the Supreme Court arraignment while counsel enters a plea of not guilty on their behalf. The judge then makes a bail determination, considering factors such as risk of flight, community ties, and the nature of the charges. Because New York law prioritizes release under the least restrictive conditions, most defendants are released on recognizance, sometimes with supervision such as pretrial monitoring.
Having a lawyer present at arraignment can make a significant difference. An attorney can argue for release conditions, negotiate an immediate reduction or amendment of the charges where the law allows, and preserve the defendant’s rights by, for example, requesting a supporting deposition in a misdemeanor case. Because an arraignment is not merely an administrative formality—a guilty plea entered at this stage results in a conviction—legal guidance is essential. Law Offices Of SRIS, P.C. assists individuals throughout Livingston County before and during arraignments. To request a consultation, call (888) 437‑7747.
Frequently Asked Questions
What is the purpose of a criminal arraignment in New York?
The arraignment is the hearing at which a defendant is formally informed of the charges and enters a plea. Under New York Criminal Procedure Law, the court must also advise the defendant of their constitutional rights, including the right to counsel and the right to remain silent. The judge determines whether the defendant will be released on recognizance, set bail, or remanded, and the case is then adjourned for a future court date. This initial appearance sets the procedural framework for everything that follows, so having an attorney present helps protect a defendant’s interests from the very start.
Where is the arraignment held for a Livingston County criminal case?
Misdemeanor and violation-level arraignments are conducted in the local criminal court, which sits in Geneseo, while felony arraignments take place in Livingston County Supreme Court, also located at 2 Court Street in Geneseo. The local criminal court handles all preliminary proceedings for lower-level offenses, including town- and village-issued charges. Once a grand jury returns an indictment for a felony, the case moves to Supreme Court, where the arraignment is combined with the initial scheduling of motion practice and trial. Our Buffalo location represents clients at both courts. Contact us at (888) 437‑7747 for guidance on where to appear.
What happens if I plead guilty at arraignment?
If you plead guilty at arraignment, the court may proceed immediately to sentencing, and you will have a criminal conviction on your record. For minor offenses, the judge may impose a fine, a conditional discharge, or a jail sentence within the statutory range. Because a guilty plea waives your right to a trial and to challenge the evidence, it is important to consult an attorney before making any plea decision. In some cases, an attorney can negotiate a more favorable resolution or explore alternative dispositions, such as an Adjournment in Contemplation of Dismissal, which can keep a conviction off your record.
Can I be released on bail at my arraignment in Livingston County?
Under New York’s bail reform, most defendants charged with misdemeanors or non‑violent felonies are released on recognizance and do not need to post bail. Cash bail is still available as a condition for certain qualifying offenses, including many violent felonies, sex crimes, and some domestic violence charges. The court considers the defendant’s ties to the community, criminal history, and the nature of the alleged offense when deciding release conditions. An attorney can present a release plan that demonstrates stability—such as employment, family, and housing—and argue for the least restrictive conditions. To have an attorney present at your arraignment, call Law Offices Of SRIS, P.C. at (888) 437‑7747.
What is an Adjournment in Contemplation of Dismissal (ACD)?
An ACD is a disposition that postpones the case for a set period—usually six or twelve months—after which the charges are dismissed and the record is sealed if the defendant stays out of trouble. It is commonly offered for first-offense, low-level charges such as disorderly conduct, petit larceny, or marijuana possession. The defendant is not required to admit guilt, and upon successful completion the case is deemed a nullity. Not every charge is eligible, and the prosecutor must consent. A defense attorney can advocate for an ACD at the arraignment or soon after, often preventing a conviction from appearing on a background check.
Do I need a lawyer at arraignment?
You are not legally required to have a lawyer at arraignment, but having representation is strongly recommended because decisions made at this hearing can affect the entire case. A lawyer can evaluate the sufficiency of the charges, request a supporting deposition, challenge the bail recommendation, and negotiate for a non‑criminal disposition where appropriate. If you cannot afford an attorney, the court will assign one, but there may be delays. Retained counsel can appear with you immediately, often resolving the case more efficiently. To arrange for representation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
What if I cannot afford an attorney?
If you are indigent, the court will assign a public defender or an 18‑B attorney at no cost to you. The judge makes an eligibility determination at the arraignment based on income and financial resources. You must provide information about your finances, and you may be required to reimburse the county for some of the cost depending on your circumstances. While assigned counsel are experienced, their heavy caseloads can limit the time they can devote to any single matter. Retaining private counsel gives you more direct involvement and often more flexible scheduling. For a consultation about your options, call (888) 437‑7747.
What happens after arraignment in a Livingston County criminal case?
After arraignment, the case proceeds through a series of court dates that may include pre‑trial conferences, hearings on motions, and, if no plea is reached, a trial. For misdemeanors, the court will set dates for discovery compliance and any suppression hearings. In felony cases, the Supreme Court schedule typically includes a deadline for the filing of omnibus motions, a hearing on any dispositive motions, and ultimately a trial date. Whether a case can be resolved by a plea or requires trial depends on the strength of the evidence and the defendant’s goals. A knowledgeable attorney can explore all resolution options and guide you through each stage.
How can a Livingston County criminal defense lawyer help my case?
A defense attorney can appear at arraignment to protect your rights, investigate the charges, challenge improper procedures, and negotiate for a reduced or dismissed charge. Because New York criminal courts move quickly, early intervention is key. An attorney can identify constitutional violations—such as an unlawful stop or an invalid search—that may lead to the suppression of evidence and the dismissal of the case. Even when the evidence is strong, counsel can pursue diversion programs that result in a non‑criminal resolution. Law Offices Of SRIS, P.C. represents clients throughout Livingston County and appears in both local and Supreme Court. Call (888) 437‑7747 to schedule a consultation.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense since the firm was established in 1997. A former prosecutor, he understands how the government builds its cases and uses that insight to anticipate the prosecution’s strategy. His Of Counsel team includes attorneys with substantial litigation experience in New York State courts. Together, they serve individuals facing criminal charges in Livingston County, the Finger Lakes region, and throughout New York. From our Buffalo location—conveniently accessible from Geneseo and surrounding towns—the firm handles arraignments, bail hearings, trials, and appeals. To discuss your case with Mr. Sris or a member of his Of Counsel team, contact us at (888) 437‑7747.
Our Criminal Defense Services in Nearby Counties
While this page focuses on Livingston County, our attorneys also assist clients in other New York jurisdictions:
- New York County (Manhattan)
- Kings County (Brooklyn)
- Queens County
- Richmond County (Staten Island)
- Nassau County (Long Island)
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.