What happens at a criminal arraignment in Manhattan
An arraignment is the first court proceeding after an arrest in Manhattan. It happens quickly—typically within 24 hours of being taken into custody. The defendant stands before a judge in the New York City Criminal Court, located at 60 Centre Street. At this appearance, the judge informs the defendant of the charges filed against them. The defendant then enters a plea: not guilty, guilty, or, with the court’s permission, no contest. A major decision at arraignment is whether the defendant will be released or held. Under New York’s 2020 bail reform, cash bail is eliminated for most misdemeanors and non-violent felonies. Many people receive a desk appearance ticket and are released without seeing a judge. If release conditions are set, the judge may order supervised release, electronic monitoring, or, for certain violent felonies, set bail. The judge may also assign a public defender if the defendant cannot afford private counsel. Having an experienced criminal defense attorney present at arraignment helps protect the defendant’s rights and can influence release terms. To discuss representation, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
The Arraignment Process in Manhattan Criminal Court
An arraignment in Manhattan follows the rules of the New York Criminal Procedure Law. The proceeding is brief but carries significant consequences. The defendant is escorted into the courtroom from central booking. A prosecutor from the Manhattan District Attorney’s Office summarizes the alleged facts and may request bail or other release conditions. The defense attorney then argues for release on recognizance, supervised release, or a negotiated bail amount. The judge weighs factors including the nature of the charge, the defendant’s ties to the community, and any prior record. If the charge is a felony, the judge may schedule a preliminary hearing or decide whether to present the case to a grand jury. The arraignment also starts the speedy trial clock under CPL § 30.30. For a misdemeanor, the People must be ready for trial within 90 days; for a felony, within six months. Missing a deadline can result in dismissal.
Beyond bail, the arraignment sets the schedule. The judge will order discovery compliance, set dates for motion practice, and may refer the case to a specialized court part such as Drug Court or Mental Health Court. A notice of appearance is filed by retained counsel, and the case is adjourned for a future conference or hearing date. The defendant should be prepared to provide identifying information and a working phone number for contact. Missing an arraignment or failing to provide accurate information can result in a bench warrant. Representation at arraignment can make the difference between release and jail, and between a well-planned defense and one that stumbles from the start.
Frequently Asked Questions
What happens if I cannot afford a lawyer at arraignment?
If you cannot afford a lawyer, the judge will assign a public defender or a private lawyer from the 18-B panel at the arraignment. The court will ask financial questions to determine eligibility. These assigned attorneys handle the case from the start, including arguing for release. You have the right to retained counsel at any time, but having representation at the first appearance is critical. Even if you plan to hire a private lawyer later, having assigned counsel present at arraignment ensures the process moves correctly and your rights are not waived by accident.
Will I be released after my Manhattan arraignment?
Most people charged with misdemeanors and non-violent felonies are released after arraignment under New York’s bail reform law. The judge can release you on your own recognizance, set supervised release with conditions like check-ins, or, for certain violent felonies, set bail. Factors considered include the seriousness of the charge, your criminal record, and community ties. A defense attorney can present counterarguments and propose a release plan. If bail is set and you cannot afford it, you may remain in custody until the case resolves or a bail review hearing takes place.
How soon after an arrest will the arraignment happen?
An arraignment usually takes place within 24 hours of arrest, although weekends and holidays can extend that slightly. After arrest, the individual is processed at central booking, which includes fingerprinting, photographing, and a background check. Once booking is complete, the person is taken to court for arraignment. Because Manhattan is a busy jurisdiction, the process can take many hours. Anyone arrested should exercise their right to remain silent and request an attorney. Contacting a lawyer early can help ensure representation at the first court appearance.
Can an arraignment be waived or skipped?
No, an arraignment cannot be skipped. It is a mandatory step in every criminal case. If a defendant fails to appear, the judge will issue a bench warrant and the person can be arrested. For minor offenses, an attorney may appear on the defendant’s behalf for certain conferences, but the initial arraignment normally requires the defendant’s personal appearance to hear the charges and enter a plea. If you have a conflict, your attorney can request an adjournment, but you should not ignore the date.
What should I bring to my arraignment?
Bring identification, any paperwork you received from the police, and contact information for potential witnesses or your attorney. If you intend to hire private counsel, have the attorney’s name and phone number ready. Bring proof of community ties—such as a lease, pay stubs, or a letter from an employer—that can help support release arguments. Do not bring anything that could be considered contraband, and dress neatly. The arraignment is brief, but preparation helps your attorney present the strong case for release and future proceedings.
Will the arraignment judge decide my guilt?
No, the arraignment judge does not decide guilt. The judge’s role is to advise you of the charges, take your plea, decide release conditions, and set the schedule. There is no trial, no testimony, and no evidence presentation at arraignment. If you plead not guilty, the case moves forward. If the charge is a felony, the judge cannot accept a guilty plea at arraignment; it must be transferred to the Supreme Court Criminal Term. The outcome of the case will be decided later through motions, negotiations, or trial.
What happens after the arraignment?
After arraignment, the next court date is typically set for a control conference or pre-trial hearing several weeks later. Your attorney will receive discovery—police reports, witness statements, video evidence—and begin building a defense. Motion deadlines are set, and negotiations with the prosecutor may begin. For misdemeanors, the case proceeds in the Criminal Court. For felonies, the case moves to the Supreme Court Criminal Term in the same building at 60 Centre Street. Throughout the process, appearing at every scheduled date is mandatory.
Can I change my plea after arraignment?
Yes, a plea entered at arraignment is not final. Throughout the case, your attorney can negotiate with the prosecutor and, with the court’s approval, change your plea. Many cases resolve through a plea agreement later, not at arraignment. You have the right to a trial, and pleading not guilty preserves that right. Discuss the possibilities with your lawyer before making any decisions.
Do I need a lawyer for arraignment in Manhattan?
You are not required to have a lawyer at arraignment, but the court will offer to appoint one if you cannot afford representation. You may proceed without an attorney only if the charge is a violation (a non-criminal offense). For any criminal charge—misdemeanor or felony—you have a constitutional right to counsel. Having an attorney present ensures legal issues are identified early, release arguments are properly presented, and scheduling is done in your best interest. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss representation.
What is an Adjournment in Contemplation of Dismissal?
An Adjournment in Contemplation of Dismissal (ACD) is a disposition offered in many first-offense cases where the proceedings are adjourned for a set period (typically 6 or 12 months), after which the case is dismissed and sealed if you stay out of trouble. It is not a formal plea or conviction. At arraignment, your attorney may ask the prosecutor and judge to consider an ACD. It is available for many non-violent offenses and is an important tool for minimizing the consequences of an arrest. Not every case qualifies; an experienced attorney can advise on eligibility.
How long does the whole criminal case take in Manhattan?
The timeline varies by case complexity and court scheduling. A simple misdemeanor can resolve in a few weeks if an ACD or plea is reached quickly, or stretch several months if motions and trial are involved. Felony cases generally take longer—often 6 to 12 months or more—due to grand jury proceedings, extensive discovery, and more complex motion practice. New York’s speedy trial statute under CPL § 30.30 sets outer limits, but many delays are excluded. The most important step is securing counsel as early as possible to manage the timeline effectively.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, serves clients across five states, including New York. Mr. Sris, Owner and Founder, 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. They have documented case results across all practice areas. Results may vary. For experienced criminal defense representation in Manhattan, reach the firm at (888) 437-7747.
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