What happens at a criminal arraignment in Westchester County
At a criminal arraignment in Westchester County, a defendant appears before a judge, is formally advised of the charges, and enters a plea of guilty, not guilty, or no contest. The court also addresses bail or other release conditions. For misdemeanors, arraignment typically occurs in a local criminal court, while felony cases proceed to the Westchester County Supreme Court, located at 111 Dr. Martin Luther King Jr. Boulevard in White Plains. New York’s 2020 bail reform eliminated cash bail for most misdemeanors and non‑violent felonies, meaning many defendants are released on their own recognizance after arraignment. For serious violent felonies, bail or remand may still be ordered. The judge may also consider an Adjournment in Contemplation of Dismissal for eligible first‑offense cases, allowing charges to be dismissed after a period of good behavior. Having an experienced criminal defense attorney at this stage can influence release conditions and set the direction of the case. To discuss your situation with an attorney, call Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Direct answer expansion
An arraignment is the first formal step in a New York criminal proceeding after an arrest or a desk appearance ticket. In Westchester County, the location depends on the charge: misdemeanor and violation‑level offenses are heard in the local criminal court of the town or city where the alleged offense occurred, while felony cases are arraigned in the Westchester County Supreme Court Criminal Term. At the hearing, the prosecutor provides the defendant with a copy of the accusatory instrument—the complaint, information, or indictment—and the judge reads the charges aloud. The defendant then enters a plea. If the plea is not guilty, the court schedules a future date for motion practice, discovery, and, if necessary, trial. If the defendant pleads guilty at arraignment, the judge may proceed to sentencing immediately or order a pre‑sentence investigation.
The bail determination is a critical part of arraignment. Under the New York Criminal Procedure Law, the court must release the defendant on their own recognizance unless the charged offense qualifies for bail under the state’s 2020 reform legislation. For qualifying violent felonies and certain other enumerated offenses, the judge may set bail—either cash, insurance company bond, or a partially secured bond—or order supervised release with conditions such as check‑ins and travel restrictions. In Westchester County, decisions on bail are guided by statutory factors including the defendant’s ties to the community, employment, prior criminal history, and the nature of the current charges. An attorney can present relevant information to argue for the least restrictive release conditions and can request a bail review if the initial decision seems excessive.
Frequently asked questions
What is an arraignment?
An arraignment is the first court appearance after an arrest where the defendant is formally told of the charges and asked to enter a plea. It is not a trial but a procedural hearing. In Westchester County, the arraignment must occur without unnecessary delay—usually within 24 hours of arrest for a misdemeanor and as soon as practicable for a felony. The judge also addresses legal representation, bail or release, and schedules future court dates.
Do I need a lawyer at my arraignment in Westchester County?
You have the right to be represented by a lawyer at your arraignment, and it is strongly advisable to have one present. If you cannot afford an attorney, the court will assign one from the Legal Aid Society or the 18‑b assigned counsel panel. A private criminal defense lawyer can, however, appear with you, argue for release on your own recognizance or the most favorable bail conditions, and begin building your defense immediately. The decisions made at arraignment—particularly concerning bail—can affect the entire course of the case.
Will bail be set at my arraignment?
New York law requires the court to release most defendants without bail unless the charge falls into a category that remains bail‑eligible. Since January 2020, cash bail has been eliminated for the vast majority of misdemeanors and non‑violent felonies. For violent felonies, certain sex offenses, and other qualifying charges, the judge may set bail in cash, bond, or a secured form. Westchester County judges also consider supervised release as an alternative. Your lawyer can present facts supporting release with the least restrictive conditions possible.
What is a desk appearance ticket (DAT) in Westchester County?
A desk appearance ticket is a written notice issued by the police instead of a formal arrest, directing you to appear in court on a future date. DATs are common for low‑level offenses such as petit larceny, public consumption of alcohol, or disorderly conduct. The ticket will specify the court location—typically the Westchester County local criminal court where the offense occurred—and the date and time for arraignment. Even with a DAT, you should consult an attorney before appearing, because the arraignment still involves a formal plea and possible bail considerations.
What happens if I miss my arraignment?
Missing a scheduled arraignment can result in a bench warrant for your arrest. The judge may also increase bail or revoke any release conditions. If you realize you will miss your court date, contact your attorney immediately. In some cases, your lawyer may be able to appear on your behalf and ask the court to recall the warrant or reschedule the hearing. Delaying action only makes the situation harder to resolve.
Can charges be dismissed at arraignment?
Yes, in some circumstances the court or prosecutor may dismiss charges at arraignment. For example, if the accusatory instrument fails to state a legally sufficient offense, your attorney can move to dismiss immediately. The prosecutor may also offer an Adjournment in Contemplation of Dismissal for eligible first offenses—under this procedure, the case is adjourned for six to twelve months and automatically dismissed if you stay out of trouble. An experienced Westchester County criminal lawyer can identify grounds for early dismissal and present them at the arraignment.
What is an Adjournment in Contemplation of Dismissal (ACD)?
An ACD is a court order adjourning a criminal case for a period, typically six to twelve months, after which the charges are automatically dismissed if the defendant complies with any conditions set by the court. It is often offered to first‑time offenders in Westchester County for offenses such as disorderly conduct, petit larceny, or harassment. No formal plea of guilty is required. The ACD can be negotiated at arraignment or shortly afterwards. If successfully completed, the arrest and court records may be sealed under New York’s conditional sealing laws.
Is the arraignment hearing open to the public?
Yes, criminal arraignments in Westchester County are generally open to the public. Anyone may attend unless the judge orders the courtroom closed for specific reasons, such as protecting a minor victim’s identity. Family members and friends often come to support the defendant, but only the attorney is permitted to speak on the defendant’s behalf. If you have concerns about privacy, discuss them with your lawyer before the hearing.
What should I wear to my arraignment?
You should dress neatly and respectfully—think business casual or courtroom‑appropriate attire. While you are not required to wear a suit, clean, pressed clothing shows the court that you take the proceeding seriously. Avoid clothing with offensive language, overly casual wear such as shorts and flip‑flops, and excessive jewelry. The impression you make on the judge can indirectly influence release decisions, so a respectful appearance is beneficial.
Can I bring my cell phone to court?
Cell phones are generally permitted in Westchester County courthouse buildings, but they must be turned off or silenced in the courtroom. Photographs, videos, and audio recordings are prohibited without prior court permission. Some courthouses may have restrictions on recording devices, so it is wise to leave any non‑essential electronics at home. Your attorney can advise you on the specific rules for the courthouse where your arraignment is scheduled.
How long does an arraignment take?
The arraignment itself is usually brief—often only a few minutes—but you may wait several hours before your case is called. The Westchester County courts handle many cases each day, and your appearance time depends on the court’s calendar, the number of defendants, and whether your attorney needs to resolve preliminary matters with the prosecutor. Plan to be at the courthouse for the entire morning or afternoon session. Your lawyer can give you a better estimate based on the particular court’s schedule.
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 concentrated his practice on criminal defense since 1997. He is admitted to practice in New York, as well as in Virginia, Maryland, the District of Columbia, and New Jersey, giving him a broad perspective on multi‑state criminal matters. Together with his Of Counsel team, he handles criminal cases in Westchester County, including arraignments, bail hearings, plea negotiations, and trials. Mr. Sris and his Of Counsel bring extensive combined legal experience to criminal defense in Westchester County. Results may vary. The firm’s New York location serves clients throughout the Hudson Valley, and a representative can discuss your arraignment and the trusted path forward. Call (888) 437-7747 to schedule a consultation.
Nearby criminal defense: Criminal defense in New York County (Manhattan) · Criminal defense in Kings County (Brooklyn) · Criminal defense in Queens County · Criminal defense in Richmond County (Staten Island) · Criminal defense in Nassau County
Official resources: Westchester County Supreme Court information · New York Penal Law · New York State Unified Court System
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