Mar 21, 2024

Brooklyn Criminal Lawyers Explain the Arraignment Process and What to Expect

Understanding the Brooklyn Criminal Justice System

Arraigned in Brooklyn? What to Expect and How to Prepare for Your First Court Appearance

Being arrested and going through the criminal justice system can be an intimidating and confusing experience. As Brooklyn criminal defense attorneys, we regularly advise clients who are facing arraignment on criminal charges. In this article, we’ll walk you through what an arraignment is, what to expect during the process, and how to best prepare yourself and your legal strategy.

What is an Arraignment in New York Criminal Court?

The First Court Appearance After Arrest in Brooklyn

An arraignment is a criminal defendant’s first appearance in court after being arrested. According to New York Criminal Procedure Law § 180.10, defendants must be arraigned promptly. It typically happens within 24 hours of the arrest. The Sixth Amendment guarantees the right to a speedy trial, which begins with arraignment. In Brooklyn, arraignments occur at the Brooklyn Criminal Court.

The Legal Purpose of Brooklyn Arraignment Proceedings

The purpose of the arraignment is for the judge to:

• Inform the defendant of the criminal charges against them
• Ensure the defendant has legal representation
• Consider bail or other pre-trial release conditions
• Accept the defendant’s plea of guilty or not guilty

But this first hearing sets the trajectory for the rest of the case, so it’s important to have legal counsel present and understand what’s happening. Arraignments move quickly, often lasting less than 10 minutes. The New York State Unified Court System handles thousands of arraignments each year in Brooklyn.

What Happens at Arraignment in Brooklyn Criminal Court?

The Brooklyn Arraignment Process Step-by-Step

Here’s a basic overview of the arraignment process:

Judge Advises of Criminal Charges

The judge will read the formal charges against the defendant. This is when you officially learn what crimes you’re accused of committing.

Bail Determination and Pre-Trial Release Conditions

The judge considers whether to release the defendant on their own recognizance or set bail. Factors include flight risk, danger to public, prior criminal record. Under NY Criminal Procedure Law, the court must consider these factors carefully. Recent bail reform laws in New York have changed how judges make these determinations.

Entering Your Initial Plea

Defendant enters a plea of guilty or not guilty. Most plead not guilty at this stage. This preserves your right to challenge the charges.

Scheduling Next Court Date

A future court date is set to continue the criminal proceedings. This could be for a preliminary hearing or other pre-trial matters.

Conditions of Pre-trial Release

If released, the defendant is allowed to leave, sometimes with conditions like checking in with pre-trial services. Pre-trial release conditions may include various restrictions on travel, contact with alleged victims, or other requirements.

How to Prepare for Your Brooklyn Arraignment

Essential Steps for Your Brooklyn Criminal Defense Case

Having an experienced criminal lawyer represent you at arraignment can make all the difference. Here are some tips on getting ready:

Hire a Brooklyn Criminal Defense Attorney Immediately

Don’t go it alone. An attorney can negotiate bail, enter pleas, and assert your constitutional rights. Legal representation is crucial from the start.

Gather Important Documents for Bail Arguments

Have info like employment verification, residence proof, family ties ready to argue for release. Documentation helps establish community ties.

Exercise Your Right to Remain Silent

You have the right against self-incrimination, so don’t make statements about the case. Remain silent to protect your legal interests. Any statements can be used against you.

Obtain Character Reference Letters

Ask people to write letters vouching for your character to help with bail. Get character references from employers, community members, or family. These demonstrate your ties to the community.

Understand the Specific Criminal Charges

Review the charges carefully. Understand the exact violations you’re charged with before entering a plea. Know the potential penalties you face.

Professional Court Appearance Matters

Dress appropriately for court. Wear nice clothes to show the judge you take the process seriously. First impressions matter in court.

Brooklyn Criminal Lawyers Explain the Arraignment Process and What to Expect