What happens at a criminal arraignment in Ontario County
If you have been arrested in Ontario County, you may be taken to the courthouse in Canandaigua for your first court appearance—the arraignment. This is the formal start of the criminal process, where you learn the charges against you and enter a plea. New York’s 2020 bail reform has changed how judges decide release, making it important to understand what to expect. At the arraignment, a judicial officer reads the complaint, advises you of your rights, and sets any conditions for your release. You will have the opportunity to speak with a lawyer before proceeding. If you do not have one, the court may assign you a public defender if you qualify. For many misdemeanor and non-violent felony cases, you may be released on your own recognizance without having to pay bail. The arraignment sets the stage for all future court dates. To discuss your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
The arraignment process in Ontario County courts
Criminal arraignments in Ontario County take place in the local criminal court for misdemeanors and violation-level offenses, and in the Ontario County Supreme Court Criminal Term for felony charges. The court is located at 27 North Main Street, Canandaigua, NY 14424. At the arraignment, the judge or magistrate will first inform you of the charges by reading the criminal complaint. You will then be asked to enter a plea of guilty or not guilty. If you are not represented by counsel, the court will advise you of your right to an attorney and may assign a public defender or an assigned counsel from the 18-b panel if you meet financial guidelines. The court also addresses bail. Under New York’s bail reform, cash bail has been eliminated for most misdemeanors and non-violent felonies; many defendants are released on their own recognizance or with non-monetary conditions. For serious violent felonies, the judge may set bail based on a risk assessment. If you are detained, a bail review hearing must occur shortly after. The entire proceeding typically lasts a few minutes, but the outcome determines your immediate freedom and the next steps in your case. It is critical to have an experienced attorney present to argue for release and to begin building your defense.
After the arraignment, the case proceeds to discovery, motion practice, and eventually trial or plea negotiations. Ontario County prosecutors handle the case from that point. Defendants charged with first-time minor offenses may be eligible for an Adjournment in Contemplation of Dismissal (ACD). If the court grants an ACD, the charges are adjourned for six to twelve months; if you stay out of trouble, the case is dismissed and the record is sealed. For certain marijuana-related offenses, possession of up to three ounces is legal for adults 21 and over under the Marijuana Regulation and Taxation Act, so such charges may not even result in an arraignment. For juvenile cases involving 16- and 17-year-olds, the Raise the Age Act generally diverts them to Family Court. Having counsel who understands the local rules and the preferences of the Ontario County court can make a meaningful difference in how the case unfolds.
Frequently asked questions
What exactly is a criminal arraignment?
A criminal arraignment is the defendant’s first formal appearance in court after arrest, where the charges are presented and a plea is entered. During the proceeding, the judge or magistrate reads the complaint, advises the defendant of the right to counsel, and determines conditions of release if the person is in custody. The court also sets future hearing dates. In Ontario County, the arraignment takes place in the local criminal court for misdemeanors or in the Supreme Court Criminal Term for felonies. The proceeding is usually brief but sets the framework for the entire case.
What happens at an arraignment in Ontario County?
At an arraignment in Ontario County, the judicial officer informs the defendant of the charges, asks for a plea, and decides on bail or release conditions. The court also addresses legal representation—if the defendant cannot afford a lawyer, the judge may appoint counsel. Under New York’s bail reform, most people charged with misdemeanors or non-violent felonies are released without cash bail, often with supervision or travel restrictions. The court may also consider an Adjournment in Contemplation of Dismissal for eligible first offenses. The entire hearing occurs at the Canandaigua courthouse on North Main Street.
Will I be released after my arraignment?
Release after an Ontario County arraignment depends on the charges and the judge’s risk assessment, but bail reform makes release likely for many non-violent cases. Under New York law, cash bail is no longer required for most misdemeanors and non-violent felonies. You may be released on your own recognizance or placed under non-monetary conditions such as electronic monitoring or regular check-ins. For certain violent felonies, the court may still set bail. If bail is set and you cannot pay, you have a right to a prompt bail review hearing. An attorney can argue for your release at the arraignment.
Do I need a lawyer at my arraignment?
You are not legally required to have a lawyer at the arraignment, but having one present can significantly affect the outcome of your case. An experienced criminal defense attorney can argue for your release, negotiate with the prosecutor, and begin the work of preparing a defense immediately. If you appear without counsel, the court will advise you of your right to an attorney and may postpone the proceedings so you can hire one. In Ontario County, if you qualify financially, a public defender or assigned counsel may be provided. For guidance, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What if I cannot afford a lawyer?
If you cannot afford to hire a private attorney, the court will determine your eligibility for a public defender or assigned counsel at the arraignment. You will need to provide information about your income and assets. The judge reviews that information and appoints an attorney if you meet the financial criteria. Assigned counsel are private lawyers who accept court appointments and are paid by the state. The quality of representation does not suffer because it is court-appointed, but it is important to request counsel as early as possible so that your attorney can begin working on your case.
What is an Adjournment in Contemplation of Dismissal (ACD)?
An ACD is a New York procedure that allows a defendant charged with a qualifying offense to have the case adjourned for a period, after which the charges are dismissed if the defendant stays out of trouble. It is commonly offered for first-time low-level offenses such as marijuana possession or disorderly conduct. In Ontario County, if the court grants an ACD, the case is postponed for six to twelve months without a conviction. If you comply with any conditions set by the court and avoid new arrests, the case is sealed and dismissed. An attorney can help you seek an ACD at or shortly after arraignment.
How does New York’s bail reform affect arraignments in Ontario County?
New York’s 2020 bail reform eliminates cash bail for most misdemeanors and non-violent felonies, meaning many defendants are released at arraignment without having to post money. For eligible offenses, judges must release the defendant on the least restrictive conditions necessary to ensure return to court. Conditions may include non-monetary measures like substance-abuse counseling or travel restrictions. Bail can still be set for violent felonies, domestic violence cases, and certain repeat offenses. At the Ontario County arraignment, the prosecutor and defense attorney make arguments about release, and the judge applies the statutory framework.
What happens after the arraignment?
After the arraignment, the case proceeds to discovery, where the prosecution shares evidence, followed by motion practice and potential plea negotiations. For misdemeanors, the next court date may involve a hearing on evidentiary issues or a trial date. For felonies, the matter may go to a grand jury for indictment and then proceed in the Ontario County Supreme Court. Your attorney will review the police reports, any video evidence, and witness statements to build a defense. In many cases, a plea agreement can be reached that reduces the charges or penalties. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your next steps.
Can I speak to the judge directly at my arraignment?
You may be asked a few yes-or-no questions by the judge, but substantive legal arguments are made by your lawyer. The judge will ask whether you understand the charges and your rights. You are not expected to present a defense or explain your side of the story at this early stage. In fact, anything you say can be used against you. It is generally advisable to speak through your attorney. If you do not have a lawyer, you can request one at the arraignment and the court will advise you accordingly. The proceeding is not a trial; it is a procedural hearing.
What should I bring with me to my arraignment?
You should bring a form of identification and any paperwork you received when you were arrested, such as a desk appearance ticket or bail receipt. If you have already retained an attorney, notify that attorney of the date and time. If you plan to request court-appointed counsel, bring documentation of your financial situation, such as pay stubs or tax returns, because the court will ask about your income. Do not bring weapons or any items prohibited by the courthouse security. Dress respectfully; the judge forms an impression of you at the arraignment. For a consultation before your court date, call Law Offices Of SRIS, P.C. at (888) 437-7747.
How long does an arraignment take?
An arraignment in Ontario County typically lasts only a few minutes, although you may need to wait several hours before your case is called. The court calendar often includes many cases, so arrive early and be prepared to spend the morning or afternoon at the courthouse. The judicial officer will handle each defendant quickly, reading the charge, hearing the plea, and setting release terms. If your matter involves complex bail arguments or legal motions, the hearing may take longer. Your attorney’s presence helps move the process along efficiently and can address any issues promptly.
Where is the Ontario County courthouse located?
The Ontario County Supreme Court, where felony arraignments take place, is located at 27 North Main Street, Canandaigua, NY 14424. Misdemeanor arraignments may be held at the local criminal court in the same building or at another Ontario County court location. The main courthouse is part of the 7th Judicial District. Free parking is generally available in the area. The court is open Monday through Friday, but hours may vary. If you are unsure where to appear, check your court papers or contact the clerk’s office. An attorney can confirm the correct courtroom and time.
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 criminal defense since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel team handle criminal matters in Ontario County and throughout New York, drawing on extensive experience in defense strategy. The firm appears regularly in Ontario County courts, from the local criminal court to the Supreme Court Criminal Term. Every case is handled collaboratively, bringing together thorough knowledge of New York criminal procedure and a practical understanding of how prosecutors build cases. To schedule a consultation, call (888) 437-7747. Appointments are available by phone and at our New York location by arrangement.
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