First court appearance

Arraignment

Q: How long after an arrest is the arraignment in New York?

If you're held in custody, you'll usually be arraigned within about 24 hours. If you receive a Desk Appearance Ticket, the arraignment will be on the date listed on the ticket, generally within 20 days.

Q: Will I have to pay bail?

For most misdemeanors and non-violent felonies, New York law does not allow bail. The judge must release you, sometimes with non-monetary conditions. Bail or remand is possible only for qualifying offenses.

Q: Can my case be dismissed at arraignment?

Some cases end at arraignment with an ACD, a non-criminal violation, or the prosecutor declining to prosecute. Whether that's possible depends on the charge, the evidence, and your history.

Q: What is a temporary order of protection?

It's a court order issued in a criminal case that restricts contact with the alleged victim. A full order requires you to stay away completely, even from your own home. A limited order allows contact but prohibits harassment, threats, or other offenses.

Q: Should I accept a plea offer at arraignment?

Only after you fully understand the consequences, including immigration, employment, and licensing effects. Sometimes the first offer is the best one, and sometimes it isn't.

The arraignment is the first court appearance in a New York criminal case, and it is one of the most important. In a few minutes, a judge decides whether the defendant goes home or stays in custody, whether an order of protection will keep them out of their own home, and sometimes whether the case ends that same day. Decisions made at arraignment can shape everything that follows.

At Sharifov & Associates, PLLC, we represent clients at arraignments in New York City Criminal Court and in the District, County, and local courts of Nassau and Suffolk Counties. This page explains what happens at an arraignment in New York, what to expect, and how to prepare.

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Courtroom arraignment proceeding with a judge, attorneys, and a defendant — Courtroom arraignment proceeding

How a Case Gets to Arraignment

After an arrest, a case reaches arraignment in one of two ways.

Held for arraignment. When a person is arrested and not released from the precinct, they are held in custody and brought before a judge. New York law requires that an arrested person be brought to court without unnecessary delay. New York's highest court has held that a delay of more than 24 hours from arrest to arraignment is presumed unnecessary unless the prosecution explains it. In practice, most people held in custody in New York City are arraigned within about 24 hours.

Desk Appearance Ticket (DAT). For most misdemeanors, violations, and class E felonies, police are generally required to issue an appearance ticket and release the person from the precinct, with exceptions, including many domestic violence cases. The ticket directs the person to appear in court for arraignment on a specific date, generally within 20 days of the date the ticket was issued (CPL 150.40). If the person does not appear, the court may issue a warrant for their arrest. (Learn more: Warrants)

A DAT gives the defendant time to hire an attorney before the first court date. That time is valuable. Your lawyer can review the charges, gather helpful documents, and in some cases contact the prosecutor before arraignment. In New York City, some people who receive a DAT for a low-level offense may be eligible for Project Reset, a pre-arraignment diversion program available in all five boroughs. A person who completes the program does not have to go to court, the District Attorney declines to prosecute, and the arrest record is sealed.

Court locations

Where Arraignments Take Place

New York City:

Arraignments take place in the arraignment parts of NYC Criminal Court in each borough. Arraignments are held every day of the year, including weekends and holidays. 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 is why cases can move quickly after an arrest.

Nassau County:

Most arraignments take place in the First District Court in Hempstead.

Suffolk County:

Most arraignments take place in the First District Court in Central Islip, or in local town and village justice courts in some parts of the county.

Youth Part:

Felony charges against 16- and 17-year-olds are arraigned in the Youth Part under New York's Raise the Age law.

What Happens at the Arraignment

1. Right to counsel. Every defendant has the right to a lawyer at arraignment. A defendant who cannot afford one will be assigned a public defender or court-appointed attorney. A privately retained attorney can often meet the client before the case is called, review the paperwork, and prepare a focused release argument.
2. The charges. The defendant and the attorney receive a copy of the accusatory instrument, the court document listing the charges and the factual allegations. The attorney reviews it for defects that may affect the case.
3. Notices from the prosecutor. The prosecutor often serves important notices at arraignment. These may include notice of statements allegedly made by the defendant, notice of police-arranged identification procedures (CPL 710.30), and, in felony cases, notice that the case will be presented to a grand jury. These notices affect later hearings and deadlines, so defense counsel must respond appropriately.
4. Plea. In misdemeanor cases, the defense typically enters a plea of not guilty, unless the case is being resolved at arraignment. In felony cases arraigned on a felony complaint, no plea to the felony is entered at this stage. The defendant enters a plea later, after an indictment.
5. Release decision. The judge decides whether the defendant will be released and on what conditions (explained below).
6. Orders of protection. When there is an alleged victim, especially in domestic violence cases, the judge will often issue a temporary order of protection (explained below).
7. Next court date. If the case is not resolved, the judge adjourns it to a future date.

Can a Case Be Resolved at Arraignment?

Yes. Many low-level cases end at the arraignment. Depending on the charge, the evidence, and the defendant's history, possible outcomes include:

an Adjournment in Contemplation of Dismissal (ACD) under CPL 170.55, where the case is dismissed and sealed if the person stays out of trouble for a set period, usually 6 months;
a plea to a non-criminal violation, such as disorderly conduct, which does not create a criminal record;
a plea to a reduced charge with an agreed sentence, such as a fine, a conditional discharge, community service, or a program; or
the prosecutor declining to prosecute, which ends the case.

A quick resolution is not always the best one. Some arraignment offers carry hidden consequences, especially for non-citizens, licensed professionals, and people with prior records. Before accepting any offer, a defendant should understand exactly what the plea means, including its immigration, employment, and licensing consequences. Sometimes the better choice is to decline the first offer and fight the case or negotiate a better one. (Learn more: Misdemeanor)

Release, Bail, and Remand Under Current New York Law

New York's bail laws changed significantly in 2020, with further amendments in 2022 and 2023. The rules depend on whether the charge is a "qualifying offense." (See CPL 510.10)

Non-qualifying offenses. For most misdemeanors and non-violent felonies, the judge cannot set bail or remand the defendant. The judge must release the defendant on their own recognizance (ROR). If the judge finds that the defendant presents a risk of not returning to court, the judge may impose non-monetary conditions, such as supervised release, reporting to a pretrial services program, or travel restrictions.

Qualifying offenses. For qualifying offenses, the judge may release the defendant on their own recognizance, release them on non-monetary conditions, set bail, or, for qualifying felonies, remand the defendant without bail. Qualifying offenses include most violent felonies, many domestic violence–related charges, sex offenses, witness intimidation, certain firearm offenses, and certain new offenses committed while another case is pending.

What the judge considers. Under New York law, the purpose of a release decision is to make sure the defendant returns to court. Judges may not set bail based on a general concern about "dangerousness." In making the decision, the judge considers factors such as:

the defendant's activities and history, including family, residence, and employment;
the charges, criminal record, and any history of missing court dates;
any violation of an order of protection;
any history of use or possession of a firearm;
whether the charge is alleged to have caused serious harm to an individual or group; and
where bail is permitted, the defendant's individual financial circumstances and ability to pay without undue hardship.

Forms of bail. When the judge sets bail and specifies how it can be posted, the judge must allow at least three forms, one of which must be an unsecured or partially secured surety bond (CPL 520.10). A partially secured bond requires a deposit of no more than 10% of the bail amount, which can make release much more achievable for families. The people who sign the bond, however, become responsible for the full amount if the defendant fails to return to court.

If bail is not posted. The defendant remains in custody. Every day spent in custody counts as jail credit toward any later sentence. Bail can be revisited at later court dates, and bail decisions can be challenged in a higher court.

The release argument is often the most important part of the arraignment. An effective argument is concrete and supported by facts, not general statements. That's why preparation before the case is called matters so much.

Temporary Orders of Protection

When a case involves an alleged victim, the judge may issue a temporary order of protection (CPL 530.12 for family offenses; CPL 530.13 for other cases). There are two main types:

Full order of protection ("stay-away"): the defendant must stay away from the protected person, their home, school, and workplace, and have no contact of any kind, including by phone, text, social media, or through third parties. A full order can require the defendant to leave their own home, even if they own it or are on the lease.

Limited order of protection ("refrain-from"): the defendant may continue to live with or contact the protected person, but must not commit any offense against them, such as harassment, threats, or assault.

When issuing an order of protection, the court may also suspend a firearm license and order the defendant to surrender any firearms.

Violating an order of protection, even with the protected person's consent, can lead to arrest and new criminal charges, including criminal contempt. The terms of an order can sometimes be modified, and defense counsel can ask the court for a limited order instead of a full one, or seek changes later in the case, such as arrangements for children, retrieving belongings, or returning home.

Case-specific issues

Special Situations at Arraignment

Felony cases. In felony cases, the prosecutor usually serves notice of intent to present the case to a grand jury, and defense counsel typically serves cross-notice to preserve the defendant's right to testify. If the defendant is held in custody on a felony complaint, the prosecution generally must obtain grand jury action within 120 hours, or 144 hours when a weekend or holiday intervenes, or the defendant must be released. (Learn more: Felony | Grand Jury)

DWI cases. In many DWI cases, the judge suspends the defendant's driver's license at arraignment while the case is pending, for example when a chemical test shows a blood alcohol content of 0.08% or higher. A refusal to take a chemical test can also lead to a suspension at arraignment. In some cases, the defense can request a hearing for a hardship license. (Learn more: DWI)

Discovery and speedy trial clocks. The arraignment starts important deadlines. The prosecution's discovery obligations are generally measured from arraignment. Speedy trial time generally begins when the case is filed in court, or, for a Desk Appearance Ticket, at the defendant's first court appearance. Tracking these deadlines from day one is part of an effective defense.

How Family Members Can Help Before the Arraignment

If a loved one has been arrested, family members can make a real difference:

Contact a criminal defense attorney right away, before the arraignment if possible.
Gather documents showing community ties, such as proof of address, employment letters or pay stubs, school enrollment, and information about family members the defendant supports or cares for. These can strengthen the release argument.
Be prepared for bail, in case the charge is a qualifying offense. Bring identification and, if possible, available funds, and ask the attorney which form of bail is likely to be set.
Share important information with the attorney, such as medical conditions, medications, immigration status, and prior cases.
Do not discuss the facts of the case on jail phone calls or by text or social media. Calls from custody are often recorded and can be used as evidence.

Sharifov & Associates, PLLC