Arraignment in New York

An arraignment is your first court appearance after an arrest — and one of the most important moments in a criminal case. In a matter of minutes, a judge can decide whether you go home or are held in custody, whether an order of protection is issued against you, and, in some cases, whether your case is resolved on the spot. Knowing what to expect and having the right attorney beside you can change the outcome. Below, the criminal defense attorneys at Sharifov & Associates, PLLC explain exactly how an arraignment works in New York.

What Is an Arraignment?

An arraignment is the initial appearance in criminal court after a person is arrested. After being fingerprinted and processed at the police station, one of two things usually happens:

• You are released with a Desk Appearance Ticket (DAT) directing you to appear in court on a later date. Since the 2020 reforms, a DAT is now mandatory for most violations, misdemeanors, and certain class E felonies — the police generally must release you with an appearance ticket rather than hold you, unless a specific exception applies (such as an outstanding warrant, a recent failure to appear, an inability to verify your identity, or certain offenses, including many domestic-violence and sex offenses).
• You are held for arraignment — sent to Central Booking in the appropriate New York City borough (or held at a police station outside the city) until you can be brought before a Criminal Court judge. This is more likely with serious charges or where an order of protection may be needed.

For the rules that may follow arraignment on a misdemeanor complaint or information, review the firm’s New York misdemeanor court guide.

If you receive a DAT, you must still appear on the date listed. Failing to appear will result in a warrant for your arrest — and can lead to additional charges, even if you are ultimately innocent of the original accusation.

When and Where Are Arraignments Held in New York City?

Arraignment courts in New York City operate seven days a week, running late into the night. Arraignment schedules vary by borough: the Bronx, Brooklyn, and Manhattan list daily hours of 9:00 a.m. to 1:00 a.m.; Queens lists 9:00 a.m. to 11:00 p.m.; Staten Island has different weekday and weekend hours. This around-the-clock schedule exists to ensure that an arrested person does not spend more than about 24 hours in custody before seeing a judge, though processing can sometimes take longer on busy weekends or holidays.

Unless you retain a private attorney who appears for you, a public defender will represent you for this first appearance. One major advantage of private counsel is speed and attention: an experienced attorney often knows how to move your case through the system faster and can begin preparing your defense immediately.

What Happens at the Arraignment Itself

Several critical things occur at arraignment:

• At arraignment, the court tells you the charges and gives you a copy of the accusatory instrument. For a non-felony case, that may be an information, simplified information, prosecutor’s information, or misdemeanor complaint; for a felony case at the local-court stage, it is a felony complaint. CPL §§ 170.10 & 180.10
• You enter a plea. At this stage, you almost always enter a plea of Not Guilty. (Arraignment is not a trial — no witnesses are called and no evidence is presented; guilt or innocence is not decided here.)
• The court addresses your release status — see bail, below.
• The court may issue an order of protection in certain cases.

Bail and Release — How New York’s Bail Laws Work

After the plea, the prosecutor and your defense attorney each make their arguments about whether you should be released and under what conditions. New York’s bail-reform laws shape this decision:

Release is the default for non-qualifying offenses. For a non-qualifying misdemeanor or felony, the judge must release you on recognizance unless that will not reasonably assure your return to court; the judge must then use non-monetary conditions. Some misdemeanors and nonviolent felonies are qualifying offenses under the statute and may permit bail. Electronic monitoring is available only for eligible defendants after the statutory findings and procedures are met. Official source

Monetary bail is available only for statutory qualifying offenses and may be set in authorized forms, including cash, an insurance-company bond, and secured, partially secured, or unsecured surety or appearance bonds. A defendant may also voluntarily request nominal cash bail where CPL § 510.10(5) applies. A court may remand only when the qualifying offense is a felony. The court must make an individualized determination about risk of flight, consider the degree of restriction necessary to assure return to court, and explain its securing-order decision on the record or in writing. Official source

In New York, the securing-order statute requires an individualized determination whether the person poses a risk of flight to avoid prosecution and the degree of restriction necessary to reasonably assure return to court. The statute does not authorize bail or remand merely on a generalized finding of dangerousness, although the court must consider the charges, firearm history, and alleged serious harm, and non-monetary conditions may address compliance with court conditions and specified victim-safety concerns. Federal law, by contrast, expressly considers both appearance and the safety of another person and the community. Official source

Making the Strongest Case for Release

For a securing order, the court must make an individualized flight-risk determination and consider available information including the person’s activities and history, charges, criminal and specified juvenile records, prior flight history, financial circumstances and ability to post bail when bail is authorized, order-of-protection violations, firearm history, and whether the charge allegedly caused serious harm. The court must explain its determination and choice of securing order on the record or in writing. Official source

If authorized bail is set and posted in an approved form by the defendant or another person, the defendant is released subject to the court’s order. If bail is not posted, the defendant generally remains in custody unless the order changes or a statute requires release. Pre-sentence custody is generally credited only against a sentence resulting from the charge and is not credited twice. Cash bail remains the property of the person who posted it unless forfeited; an insurance-bond premium is generally nonrefundable, while collateral is returned on exoneration unless forfeited. Official source

Orders of Protection at Arraignment

In certain cases — often those involving alleged domestic incidents or a complaining witness — the prosecutor may ask the court to issue an order of protection against you at arraignment. These come in two forms: a full order (complete stay-away) or a limited order (no harassment or threats, but some contact allowed). A skilled defense attorney will make several important requests to protect your rights:

• Coordinate with Family or Supreme Court orders. If you and the complaining witness share minor children, the order should be made subject to existing custody and visitation orders so you are not cut off from your children.
• Allow for incidental contact. Where you and the witness live, work, or attend school near one another, asking the court to permit unavoidable incidental contact can prevent an accidental violation.
• Request an access order. If you share a residence with the protected party, an access order lets you return — escorted by a police officer — to retrieve personal belongings that are not in dispute.

These details are easy to overlook but can have lasting consequences, which is why representation at arraignment is so valuable.

Can My Case Be Resolved at Arraignment?

Sometimes, yes. For certain minor offenses and some misdemeanors — such as petit larceny, aggravated unlicensed operation of a motor vehicle, operating a vehicle with a suspended registration, disorderly conduct, and others — the prosecutor may extend a plea offer at arraignment in exchange for an agreed-upon sentence. Your attorney must clearly explain any such offer and advise you whether accepting it is in your interest. If a plea agreement is reached, the judge typically approves it, and the case is resolved that day. If there is no disposition, the case is adjourned to a later date.

A word of caution: just because a case can be resolved at arraignment does not mean it should be. A quick plea can carry lasting consequences — a criminal record, professional-license issues, or immigration risks for non-citizens. Always weigh an offer with your attorney before accepting.

Felony Charges and the Grand Jury

A felony is a crime for which a sentence of imprisonment in excess of one year may be imposed. If you have been arraigned on a currently undisposed felony complaint charging an offense that is the subject of a prospective or pending Grand Jury proceeding, the District Attorney must notify you or your attorney and give you a reasonable time to exercise your right to appear. To exercise the statutory right to testify, before an indictment or direction to file a prosecutor’s information, serve the District Attorney with a written request to appear and an address for communications. Counsel may make that request—often called a “cross-notice” in practice—at arraignment, but the statute does not require a cross-notice at every arraignment. You are not obligated to testify; the decision calls for careful legal advice. felony CPL § 190.50

Why You Need a Lawyer at Your Arraignment

Arraignment moves quickly, and the decisions made there — about your release, an order of protection, and any plea offer — can shape the entire case and your life beyond it. A private attorney can appear with you, argue forcefully for your release, protect you from an order of protection that is broader than necessary, evaluate any plea offer with a clear head, and begin building your defense from the very first minute.

Contact a New York Criminal Defense Attorney

If you or a loved one is facing arraignment in New York, the decisions made at that first appearance can affect the rest of your case. The criminal defense attorneys at Sharifov & Associates, PLLC are ready to appear with you and fight for your release and your rights from the very first court date.

Contact Sharifov & Associates, PLLC, today for a confidential consultation.