New York Criminal Arraignment Frequently Asked Questions

After your arrest, your first court appearance will be during your arraignment. Arraignments are not the same as criminal trials. During the arraignment, the prosecution will give the judge a complaint which states the charges against you. The complaint will be prepared based on police evidence and your prior criminal history.

The arraignment is the first time you will hear the formal charges being made against you. Sometimes the charges might be different from those you expect. For this reason, it’s important to have an experienced New York arraignment lawyer at the arraignment to understand the charges and review your options.

What About Bail?

The arraignment is the time at which the issue of bail will be addressed by the court. The judge might choose to release you on your own recognizance, in which case no one will need to post bail. Alternatively, the judge might post bail or declare that you must be held without bail.

Prosecutions usually argue that bail amounts should be high or eliminated entirely. Your defense attorney will need to make the case for a lower bail. The judge’s decision will be based around multiple factors including the seriousness of the charges, your community ties, the evidence mounted against you, your previous criminal record, whether you have a good history of arriving on time to predetermined court appearances, and any other factors that influence whether you might be a flight risk.

Release on Recognizance (ROR)

ROR (release on recognizance) generally won’t be used except in cases that involve misdemeanors or low level felonies. That said, ROR might also be employed when the defendant doesn’t have a previous criminal history.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

You were arrested last night after a bar altercation and spent the night in a holding cell. A court officer just told you that you'll be brought before a judge for your arraignment within the next few hours, but nobody has explained what will happen or whether you need a lawyer present.

What exactly happens at my arraignment, and can the judge send me to jail right then and there?

Attorney's Answer

At your arraignment, the judge will formally read the charges against you from the criminal complaint, inform you of your constitutional rights, and ask you to enter a plea of guilty or not guilty. The judge will also make a bail determination under New York Criminal Procedure Law § 530.20, deciding whether to release you on your own recognizance, set bail, or in serious cases, remand you into custody. It is critical that you have an attorney present at arraignment because your lawyer can argue for favorable bail conditions and identify any deficiencies in the complaint that could work in your favor. While the judge won't decide your guilt or innocence at this stage, the decisions made at arraignment — particularly regarding bail and conditions of release — can significantly impact the rest of your case.

This is general information only. Contact us for advice specific to your situation.

Regardless of whether bail is posted or not, you’re required to be at all of your subsequent court hearings. You’re also required to attend court for each day of your trial, should your case proceed to trial.

What Is a Bench Warrant?