The New York City Criminal Arraignment Process: What to Expect

The arraignment is the first and most critical step in New York City's criminal court process. If you or a loved one has been arrested in any of the five boroughs (Manhattan, Brooklyn, Queens, the Bronx, or Staten Island), the arraignment is when you will formally appear before a judge, learn the specific charges filed against you, and, most importantly, have the judge make the initial bail determination.

It is common to feel overwhelmed, confused, and frightened during this period. The system can move quickly, but with the help of an experienced criminal defense lawyer, you can navigate the arraignment process with calm guidance and ensure your rights are protected from the very beginning.

What is Arraignment, and When Does It Happen?

Simply put, the arraignment is the court appearance where a person who has been arrested is informed of the charges against them and enters a plea (usually a plea of not guilty).

The "24-Hour Rule"

In New York City, the police are required to bring an arrested person to arraignment within 24 hours of their arrest. While the city's criminal courts (called "summons courts") operate 24 hours a day, 365 days a year, the process often involves significant waiting time in police custody and in the court pens.

• Waiting Time: An individual may spend several hours, sometimes close to the full 24-hour limit, being processed.
• Court Pens: Before and after the arraignment, the defendant is held in detention pens within the courthouse, awaiting their turn before the judge.
• The Plea: At this stage, your attorney will almost always advise you to enter a plea of not guilty to preserve all your legal options and rights moving forward.

Step-by-Step: Inside the Arraignment Hearing

When your case is called, you will be brought into the courtroom to stand before the judge with your attorney.

1. Official Filing of the Charges

The Assistant District Attorney (ADA) will officially present the charging document (usually a Criminal Court Complaint or an Indictment for felony cases). The judge will confirm that you understand the charges against you. The charges can range from misdemeanors—such as DWI/DUI, Petit Larceny (Shoplifting), or simple Assault—to serious felonies.

2. Bail Determination

The most crucial part of the arraignment is the determination of bail (or whether you should be released without it, known as Released on Recognizance or "ROR").

The ADA will argue why the defendant should be held on bail, often highlighting the severity of the charges or any prior criminal history. Your defense attorney's job is to argue for the lowest possible amount of bail—or preferably, ROR.

Your lawyer will present compelling arguments to the judge, highlighting key factors such as:

• The defendant’s ties to the community (job, family, residency).
• Lack of a prior criminal record.
• Any health issues or other compelling reasons for release.
• The defendant's reliability and likelihood of returning to court.

3. Setting the Next Court Date

Once the bail issue is resolved, the judge will set the next court date. This date marks the beginning of the formal pre-trial phase, where your attorney will start actively negotiating, filing motions, and preparing your defense.

The Critical Role of Your Criminal Defense Attorney

In the whirlwind of the arraignment process, having an experienced criminal defense lawyer by your side is essential. This is not a time to accept an outcome simply because you feel pressured or overwhelmed.

Your attorney's role at arraignment is multi-faceted:

1. Familiarity with the System: An attorney with decades of experience in NYC criminal courts knows the system, the prosecutors, and the judges, allowing them to provide realistic advice about likely outcomes.
2. Protecting Your Rights: They ensure the police and prosecution adhere to all legal procedures and that your right to counsel is honored.
3. The Best Argument for Release: They are your strongest advocate for being released without bail or having bail set at a manageable amount. The difference between ROR and even a low bail amount can mean the difference between going home and spending days or weeks in jail.
4. Preparing the Defense: Even at this early stage, your attorney begins laying the groundwork for your defense, often communicating with the ADA immediately to gather information and assess the strength of the case against you.

If you or a loved one has been arrested in New York City, contact an experienced attorney immediately. Early intervention is always the key to protecting your rights and securing the best possible result.