Arraignment

   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.

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 — generally from about 9:30 a.m. until 1:00 a.m. 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:

• You are formally charged. Your attorney receives the accusatory instrument — a criminal complaint or information for misdemeanors, or a felony complaint for more serious charges.
• 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 most charges. For the majority of misdemeanors and non-violent felonies, the judge is required to release you — either on your own recognizance (ROR), meaning on your promise to return, or under non-monetary conditions such as supervised release, electronic monitoring, surrendering a passport, or regular check-ins. For these charges, the judge generally cannot set cash bail at all.

Cash bail is limited to “qualifying offenses.” Money bail (cash or an insurance bond) or remand into custody is available only for a defined category of more serious charges — primarily, most violent felonies and certain other offenses set by statute. Even then, the judge must impose the least restrictive condition necessary to reasonably ensure your return to court.

In New York, bail is about returning to court — not “dangerousness.” Unlike federal courts and most other states, New York judges generally may not set bail based on how dangerous they consider a defendant to be. The legal question is whether conditions are needed to make sure you come back for future court dates.

Making the Strongest Case for Release

Because so much rides on this moment, a thorough bail application matters. When bail can be set, your attorney needs complete information about you to argue persuasively for release. Factors the court may weigh include your ties to the local community, steady employment, family with dependents, home ownership, length of residence and employment, any prior contacts with the criminal justice system, any history of missing court dates, the seriousness of the accusations, and the strength of the prosecution’s case.

If bail is set and posted by friends or family, you remain free while the case proceeds. If it is set but not posted, you are held in custody for the duration of the case, though you earn jail credit for each day, which is applied to any later sentence. When the case ends, posted bail is returned to whoever paid it — regardless of the outcome — as long as you appeared in court when directed.

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, aggravated operation 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 the law provides a possible jail sentence of more than one year. When you face a felony, your attorney should serve a Grand Jury cross-notice at arraignment, preserving your right to testify before the grand jury under New York Criminal Procedure Law § 190.50. You are not obligated to testify — and whether you should is a serious strategic decision to evaluate carefully after arraignment — but serving the notice protects the option. If the District Attorney presents the case to the grand jury, the office must notify you and give you the opportunity to testify.

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.

Frequently Asked Questions

What is an arraignment in New York? An arraignment is your first court appearance after an arrest. You are formally told the charges, you enter a plea (usually Not Guilty), the judge decides your release conditions, and the court may issue an order of protection. It is not a trial.

How long after arrest is the arraignment in New York City? Most people are arraigned within about 24 hours of arrest. NYC arraignment courts run seven days a week, roughly 9:30 a.m. to 1:00 a.m., though busy weekends or holidays can cause delays.

Will I get bail at my arraignment? For most misdemeanors and non-violent felonies, judges must release you on your own recognizance or under non-monetary conditions and cannot set cash bail. Cash bail is only available for certain qualifying offenses, and only as the least restrictive condition needed to ensure you return to court.

Can my case be dismissed or resolved at arraignment? Some minor offenses and misdemeanors can be resolved through a plea at arraignment. Whether you should accept an offer that early depends on your record, the facts, and any immigration or licensing consequences — discuss it with your attorney first.

What is an order of protection, and can one be issued against me at arraignment? Yes. In certain cases, the court may issue a full (stay-away) or limited order of protection in favor of a complaining witness. Your attorney can ask that it account for shared children, incidental contact, and access to retrieve your belongings.

Do I need a lawyer at my arraignment? Yes. Critical decisions about your liberty, orders of protection, and possible plea offers happen at arraignment. A private attorney can often speed up the process and argue more effectively for your release and your rights.

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.

Attorney Advertising. This article is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. Laws change and every case is different; for advice about your specific situation, consult a licensed New York attorney. Prior results do not guarantee a similar outcome.