Frequently Asked Questions
What happens at my arraignment?
You hear charges and enter a plea.
Bail or release conditions may be decided.
What rights do I have?
You have right to counsel and silence. You are presumed innocent at this stage.
Should I have a lawyer present?
Yes, legal advice protects your rights early.
Your lawyer can argue for release.
Will I go to jail?
Not always, many defendants are released.
A Judge will decide based on risk factor
What is bail or bond?
Money or conditions to ensure court return.
Judge sets terms based on circumstances.
What should I say in court?
Speak minimally and follow your lawyer’s guidance.
Avoid discussing facts without legal advice.
Should I plead not guilty?
Most defendants plead not guilty.
This allows time to build defense.
What if I miss arraignment?
A warrant will be issued. Missing court harms your case significantly.
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Arraignment in New York Criminal Court
An arrest in New York is followed by one of the most important stages of a criminal case: the arraignment. Although it may appear to be a brief procedural hearing, your arraignment will determine whether you are relased and can go home or if you will remain in jail, whether a protective order is issued, and how your case will unfold moving forward. Understanding what happens at arraignment, and having the right legal representation, will significantly impact the outcome of your case.
When Does an Arraignment Occur in New York?
An arraignment typically occurs within 24 hours of an arrest if the arrest happens on a weekday, or within 48 hours if it occurs on a weekend or holiday. During this time, the accused is brought before a judge in criminal court. The purpose of the arraignment is to formally notify the defendant of the charges and to address immediate legal and liberty issues.
If law enforcement fails to arraign a defendant within the legally required time frame, it may create grounds for release. However, these arguments can only be raised by an experienced criminal defense lawyer who understands New York criminal procedure.
What Happens at an Arraignment?
At arraignment, the court addresses several critical matters in a short period of time:
- The criminal charges are read aloud
- The defendant enters a plea
- Bail or release conditions are set
- Orders of protection may be issued
- The next court date is scheduled
Although arraignments are often brief, the decisions made during this hearing have lasting consequences for your freedom, your record, and your defense strategy.
What Is a Plea?
Understanding Guilty, Not Guilty, and Other Pleas
At arraignment, the defendant is required to enter a plea. The most common pleas are guilty and not guilty, though in rare cases other pleas may be available depending on the charge.
Entering a guilty plea at arraignment is never advisable without first consulting a qualified lawyer. A guilty plea will result in immediate sentencing, fines, probation, or jail time, and will permanently damage your criminal record. A not guilty plea preserves your rights and allows your attorney time to investigate the case, review evidence, and negotiate with the prosecution.
An experienced New York criminal defense lawyer can advise you on the implications of any plea and ensure that you do not unintentionally waive your rights.
The Serious Risks of a Pro Se Defense
Why Representing Yourself Is Dangerous
Defendants have the right to represent themselves, known as appearing pro se. While this may seem appealing to some, especially in misdemeanor cases, it is extremely risky. Criminal court procedures are complex, fast-moving, and unforgiving. Judges and prosecutors are not permitted to provide legal advice, and mistakes made early in the case are impossible to undo.
A pro se defendant may inadvertently:
- Enter an unfavorable plea
- Fail to argue for release
- Miss opportunities to challenge defective charges
- Consent to damaging orders of protection
Having counsel at arraignment ensures that your rights are protected from the very beginning.
Bail, Release, and Remand to Jail
How Judges Decide Whether You Go Home
One of the most critical issues addressed at arraignment is whether the defendant will be released, required to post bail, or remanded to jail. In New York, judges consider multiple factors when making this determination, including:
- The severity of the charges
- The defendant’s criminal history
- Prior failures to appear in court
- Community ties such as employment and family
- Risk of flight
For many misdemeanors and nonviolent offenses, New York’s bail laws favor release. However, prosecutors often argue aggressively for restrictive conditions or remand. A skilled criminal defense lawyer can present arguments and evidence to maximize the likelihood of release and minimize any restrictive conditions.
What Does Remand Mean?
If a defendant is remanded, they are sent to jail and held without bail until the next court date. Remand is most commonly sought in serious felony cases or when the court believes the defendant will not return to court. Avoiding remand requires skilled legal counsel at arraignment.
Bench Warrants for Failure to Appear
Missing Court Has Serious Consequences
If a defendant fails to appear for a scheduled court date, the judge may issue a bench warrant. A bench warrant authorizes law enforcement to arrest the defendant and bring them back to court. If you are arrested for a bench warrant, this will often lead to additional charges, loss of bail, and harsher treatment going forward.
Once a bench warrant is issued, it does not go away on its own. A criminal defense lawyer can often arrange a voluntary surrender and advocate for vacating the warrant, minimizing damage to your case.
Orders of Protection at Arraignment
Temporary Orders Can Change Your Life Overnight
In cases involving allegations of domestic violence or assault and battery judges can issue temporary orders of protection at arraignment. An order of protection prohibits contact with an alleged victim, including spouses, children, or other family members, and may require you to leave your home.
Violating an order of protection is a separate criminal offense that results in arrest. It is critical to understand the scope of the order and to have an attorney who can challenge overly broad or unnecessary restrictions.
Why You Should Contact New York’s Leading Criminal Defense Lawyer Immediately
An arraignment is not just a formality. It is the foundation of your criminal case. The decisions made in those first minutes before a judge can affect bail, freedom, family relationships, and the overall direction of your defense.
New Yorks City criminal defense lawyer Michael S. Discioarro understands how prosecutors operate, how judges think, and how to protect clients from unnecessary jail time and long-term consequences. Early intervention will lead to a better outcome for your case, including reduced charges, dismissal, or favorable resolutions.
If you or a loved one has been arrested, do not face arraignment alone. Contact an experienced New York criminal defense lawyer immediately to protect your rights, your freedom, and your future. Call 917-519-8417 today for a consultation.
