What happens at a criminal arraignment in Niagara County

You were pulled over, handcuffed, and brought in for processing. After the fingerprints and the mug shot, you were handed a piece of paper with a court date and told you had to appear in Niagara County Criminal Court. That first appearance is the arraignment — and if you have never been through the system before, not knowing what to expect makes it worse. At the arraignment a judge will formally state the charges against you and ask for your plea. In Niagara County, misdemeanor arraignments take place in the local Criminal Court; felony arraignments are heard in Niagara County Supreme Court. Under New York’s 2020 bail reform, cash bail has been eliminated for most misdemeanors and non‑violent felonies, so many people are released on their own recognizance while the case moves forward. Still, what happens next depends on a long list of variables — and having an attorney with you at the arraignment can shape everything that follows. Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to request a consultation about your specific situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Happens at an Arraignment in Niagara County

An arraignment is the first time you go before a judge after being arrested. In Niagara County the forum depends on the charge: misdemeanors and violations are arraigned in the local Criminal Court; felonies are arraigned in Supreme Court’s Criminal Term. At the hearing the judge will read the charging document and ask whether you plead guilty, not guilty, or — in some circumstances — no contest. If you plead not guilty, the court will address the question of release. New York’s bail reform eliminated cash bail for most misdemeanors and non‑violent felonies, so in many cases the judge will release you on your own recognizance or with conditions such as regular check‑ins. For qualifying first offenses, the court may also adjourn the case in contemplation of dismissal, meaning the charges are effectively paused for a period and then dismissed if you stay out of further trouble. Having experienced counsel present ensures that the plea you enter, the release conditions imposed, and any opportunities for an adjournment in contemplation of dismissal are fully understood and properly preserved. Mr. Sris and his Of Counsel appear regularly in Niagara County courts and can walk through each step so that nothing is missed that could affect your case later.

Frequently Asked Questions About Criminal Arraignments in Niagara County

Do I need a lawyer at my arraignment in Niagara County?

You are not legally required to have a lawyer at your arraignment, but the decisions made at that hearing can affect the entire case. The plea you enter, the release conditions set by the judge, and whether an adjournment in contemplation of dismissal is requested are all made at the arraignment. Without a lawyer you may not understand the lasting consequences of those choices. Mr. Sris and his Of Counsel can appear with you to ensure your rights are protected from the very first hearing.

Will I be held in jail after my arraignment or will I be released?

In most Niagara County misdemeanor cases, the defendant is released on their own recognizance or with non‑monetary conditions because New York’s 2020 bail reform eliminated cash bail for the majority of misdemeanors and non‑violent felonies. Bail may still be set for violent felonies and certain qualifying offenses. The judge will consider factors such as flight risk and criminal history. A lawyer can advocate for the least restrictive release terms.

What is an adjournment in contemplation of dismissal, and can I get one at my arraignment?

An adjournment in contemplation of dismissal — often called an ACD — is a potential outcome available for many first‑offense cases at the arraignment stage in Niagara County. If the court grants an ACD, the case is put on hold for six to twelve months. If you do not get arrested again during that period, the charges are automatically dismissed. Your attorney can ask for an ACD if the facts and your background qualify.

What happens if I plead not guilty at my arraignment?

If you plead not guilty, the case moves forward into the discovery and motion stage, and the court will set future dates that may include a pre‑trial conference or a motions hearing. For misdemeanors, the People must be ready for trial within 90 days under New York’s speedy‑trial statute; for felonies the deadline is six months. Your attorney will begin gathering evidence and may file motions challenging the stop or the arrest.

Can the judge dismiss my case at the arraignment?

It is rare for a judge to dismiss a case at the arraignment, but a lawyer can sometimes identify a fundamental defect — such as a legally insufficient charging document — that may lead to dismissal. More commonly, the arraignment sets the stage for later dismissal through motions or plea negotiations. An experienced attorney can assess the paperwork immediately and act while the prosecutor’s file is still fresh.

What court will handle my arraignment in Niagara County?

Misdemeanor and violation‑level charges are arraigned in the local Criminal Court of Niagara County; felony charges are arraigned in the Niagara County Supreme Court Criminal Term. The location of the arraignment depends on the severity of the charge. Both courts are part of the 8th Judicial District, and Mr. Sris and his Of Counsel are familiar with the procedures in each.

Should I say anything to the judge at my arraignment?

You should not say anything about the facts of the case at the arraignment without first speaking with your lawyer. The purpose of the hearing is to enter a plea and address release conditions. Any statement you make about the alleged incident can be used against you later. Your attorney can speak on your behalf and protect you from making statements that could hurt your defense.

How long does an arraignment take in Niagara County?

The length of an arraignment varies depending on the court’s calendar and the complexity of the charge, but most arraignments are brief — often a matter of minutes per defendant. The court will call your case, read the charges, take your plea, and address release conditions. If you have a lawyer, the process typically moves more efficiently because counsel can handle procedural issues without delay.

What if I cannot afford a lawyer for my arraignment?

If you cannot afford a lawyer, you may be eligible for assigned counsel — a public defender or an 18‑b panel attorney — who will represent you at the arraignment and throughout the case. The court will determine your financial eligibility, and you should ask for counsel at the very beginning of the hearing. Engaging private counsel like Mr. Sris allows you to choose the attorney who will handle your case from the start.

What if I miss my arraignment date in Niagara County?

Missing your arraignment date can result in a bench warrant for your arrest. The judge may forfeit any bond that was posted, and you could face additional charges for failing to appear. If you realize you will miss the date, contact an attorney immediately — in some circumstances, a lawyer can appear on your behalf or ask the court to recall the warrant.

Can I resolve my case at the arraignment?

In certain minor cases — such as low‑level violations or infractions — it may be possible to negotiate a resolution at the arraignment, but for most charges the arraignment is only the first step. More serious matters require discovery, motions, and plea negotiations that occur over subsequent court dates. Attempting to resolve a charge quickly without full knowledge of the evidence can lead to a conviction that could have been avoided.

What is the difference between an arraignment and a preliminary hearing?

An arraignment is a hearing where the defendant is formally notified of the charges and asked to enter a plea; New York does not use preliminary hearings in the same way that some other states do. In felony matters, the case may proceed to a grand jury for indictment, and there is no separate preliminary hearing in the lower court. Your lawyer will explain which procedural steps apply to your specific charge.

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 practiced since 1997. He and his Of Counsel appear in criminal matters across New York, including the courts of Niagara County. The firm serves clients from its New York location, and the attorneys bring extensive combined legal experience to every case. When you retain the firm, you work with Mr. Sris and his Of Counsel — experienced, multi‑state practitioners who understand how local courts operate. For a full statutory breakdown of New York criminal procedure, see our comprehensive analysis at srislawyer.com. To discuss your arraignment or any other criminal matter, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Results may vary.