NYC Arraignment Lawyers
The New York City criminal justice system can be overwhelming and complicated. Prosecutors and the police have numerous opportunities to take advantage of your situation. Arraignment is the first section of the court process where the help of an experienced criminal defense lawyer is needed.
What is an arraignment?
It’s a formal process whereby an individual is charged with a misdemeanor or felony crime in court. Usually, the defendant needs to appear in court. Arraignment usually happens within 18-24 hours after one has been arrested in New York City. So, when you are being arraigned, you will likely have spent the last day in the custody of the police. During the arraignment, you can exercise your right of being represented by a lawyer from a reputable firm like Federal Lawyers.
During the arraignment, the judge informs you of the charges that have been labeled against you – a copy of the indictment or complaint has to be provided too.. At this stage, you may enter a plea of not guilty/guilty and the judge will then decide if bail should be set or not. Bail is the money that is deposited to the court for the court to provide your freedom.
The judge usually has two options: He or she can either release you without bail (on your recognizance) or set bail. In case the judge decides to set bail, an occurrence that often happens in violent or more serious crimes, then you will need to meet the bail requirements if you want to be released. This can be done through bail bond, cash or credit card. Once the bail is posted, you will be free until your case is resolved. However, if you violate any of your terms of release, you will no longer be free.
Waiver of arraignment
If the defense attorney waives their arraignment, it means that the defendant knows the charges and will enter the plea of not guilty. A formal arraignment procedure includes hearing the charges that have been put on the record and having the indictment read. By waiving the arraignment, all this is accomplished without taking time to go through the court or the procedures. The case is still placed on the court docket, and it proceeds through the same steps whether the defendant appears during the formal arraignment or not.
A defendant and his attorney are generally allowed to waive the arraignment case if:
• A defendant is charged with misdemeanor or indictment information;
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• A defendant rejects appearance and affirms that he has received a copy of the information or indictment and his or her plea is not guilty. This is accomplished through a written waiver that is signed by the defense and defendant counsel; and
• The court decides to accept the waiver.
Bail
In case the judge does not set bail, this is known as ROR (released on recognizance). When you are ROR’d, you are merely released on a verbal promise that you will show up at the court on the date the judge sets. If your judge sets bail then you will be held in custody until the case is over or there are changes to the bail.
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.
Get a lawyer for your court appearance
It’s always advisable to get a lawyer who can stand with you during the entire arraignment process. The judge usually makes a decision which will have a lasting implication in the case. It makes sense to get yourself an attorney who can speak on your behalf during an arraignment. Moreover, a lot of things are learned about the charges informally, while you are being arraigned.
You were arrested last night after a bar altercation in Manhattan and spent the night at Central Booking. You've been told you'll be brought before a judge for arraignment in the morning, but you have no idea what to expect or whether you should say anything in court.
What happens at my arraignment and do I need a lawyer there with me?
At your arraignment, the judge will formally read the charges against you, set bail or release conditions under New York Criminal Procedure Law § 170.10, and ask you to enter a plea of guilty or not guilty. Having an experienced arraignment lawyer present is critical because, under New York's bail reform laws, your attorney can argue for release on recognizance or the least restrictive conditions necessary to ensure your return to court. Your lawyer can also challenge the sufficiency of the criminal complaint, request discovery under CPL § 245.10, and begin negotiating with the prosecution before the case moves forward. Without counsel at this stage, you risk accepting unfavorable bail terms or making statements that could be used against you later in the proceedings.
This is general information only. Contact us for advice specific to your situation.
Defendants charged with crimes can be called upon to make some legal decisions that can result in devastating consequences in case a wrong decision is made. Due to this, it becomes even more essential to have help in making an informed decision. An experienced attorney is capable of speaking with the arresting officer and the court staff and gather reliable information about your charges.
Get a qualified attorney from Federal Lawyers
Our lawyers know that the earlier they start working on your case, the more they will be able to protect you. Often, police can get damaging statements from a defendant earlier before the arraignment. By getting an attorney from us early enough, he or she will make it hard or impossible for the police to question you. Sometimes the decision-making process regarding accepting or declining a plea bargain which is provided to you needs to be guided by a lawyer. He or she will offer expert advice regarding the consequences you will face from either of the outcomes –pleading guilty and accepting a deal or proceeding to trial after pleading not guilty. Consider contacting us to get the best criminal lawyer for your arraignment.
