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An arraignment is simply your first appearance in local criminal court after charges have been filed. It is the beginning of the process. New York Criminal Procedure Law Section 170 lays out the purpose and procedure of an arraignment. An arraignment is not a trial. No evidence or witnesses are presented. Typically the most important aspect of the arraignment is the determination of bail.

When is best time to act?

A strong defense starts early. You are not required to have an attorney present at your arraignment. However, you have the right to have an attorney, and The Blanch Law firm strongly encourages you to do so, no matter how serious the charges. Your financial and physical freedom is at risk. You should have an attorney who knows the law at your side from the beginning, particularly if the court is going to set your bail. If you arrive at an arraignment without an attorney and decide you need one, you can delay the hearing while you obtain either a private attorney or one provided by the court.

Types of Crimes/ Charges

Any felony or misdemeanor charges under New York law that are filed by the police, prosecutor or public officials enforcing motor vehicle, recreation and environmental laws require an arraignment.

Presence Required

The defendant in most criminal cases is required to attend the arraignment. The exception is a “simplified information” case that involves lesser crimes, such as motor vehicle or environmental violations. If you have been issued a ticket or summons, your attorney can attend the arraignment in your place.

The Arraignment Process

The arraignment process is very quick but is very serious. A judge explains or has someone else explain the charges against you. You are provided with a copy of the accusations. The judge also explains your rights and what rights are at risk because of the charges (you may go to jail or lose your driving privileges, etc.).

Bail

The judge determines whether bail is necessary, and if so, how much. Bail is a payment held by the court to guarantee that you return for trial. The judge considers the seriousness of the charge, prior criminal record, the defendant’s ties to the community and the likelihood that the defendant will fail to appear, the higher the bail. In many cases, the judge releases the defendant on his own recognizance, which means he gives his word that he will appear for future court proceedings. The prosecutor will recommend a bail amount to the judge. The bail that is set at the arraignment typically is not reduced at a later time, so it is vital that a fair bail be set at this point. If bail is set and you cannot afford the amount, either on your own or with the help of a bail bondsman, you will be held in jail until your case is resolved.

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You have been arrested on criminal charges – and now you are standing in a New York State court. You look around – at the judge, maybe the policeman who arrested you, and other courtroom people. You are about to be arraigned. What should I do?Before your arraignment even happens, reach out. Contact a criminal defense lawyer immediately. This cannot be emphasized enough.

Your criminal defense lawyer is always your best voice. Always. Your attorney knows: Proper representation at your arraignment can be the single most important moment in your case. Your attorney . . . his representation . . . can influence the entire direction your case takes.What should I expect?You should expect this: The real time between your arrest and arraignment is short – by law, usually no more than 24 hours. With everything happening, this is a short period of time – emotional, fast-moving, and confusing. You need help.What should I know?You need to know some basic facts:

• Your arraignment is not a trial or hearing.
• No witness is called. No evidence is presented. No arresting police officer is asked to be present.
• Your guilt or innocence will not be decided.
• Your arraignment is usually centered on one issue: Depending on how serious your charge is, will the judge set bail?
• If your bail is set – for how much?
• And if no bail is set, will you be released on your own recognizance (ROR) or remanded to custody??
• Other things can happen, but the judge’s decision – to set or not to set your bail – is the most important.

What else should I know?
• Many New York State arraignment courts are often open 9:00 A.M. to 1:00 A.M., just to handle the volume of cases.
• Typically, a single judge may hear between 80-100 arraignments during his shift. He has only minutes to review your case.
• The judge that arraigns you probably won’t ever see you again. His job is to set bail and keep things moving.
• Frequently, if you are a defendant who appears for arraignments during evening hours – and this is a fact – you do not have adequate legal representation.
• Without a proper voice, a defendant – maybe you? – would become confused by the process and legal jargon.
• Confused by this, you might become angry. You might say things. Is that wise, the voice you really want to express? You need a calm voice.
• And a reminder: Often a defendant receives a greater amount of bail set and handed down is an amount a criminal defense attorney could have caused to be reduced or dismissed.
• Simply put, the outcome of an arraignment can drastically affect your case.

Given these facts, are you prepared to be your own voice at your arraignment?

If you are facing an arraignment – or if it is pending – contact The Blanch Law Firm today. Initial consultations are complimentary and confidential.For information on our top-rated arraignments lawyers and defense attorneys, please contact The Blanch Law Firm at 212-736-3900.