New York Criminal Arraignment Lawyers – A Helpful Guide

New York Criminal Arraignment Lawyers – A Helpful Guide

Getting arrested can be a scary and confusing experience. The arraignment is the first time you go to court after being arrested on criminal charges in New York. This article will explain what happens during a New York criminal arraignment and how an experienced arraignment lawyer can help you.

What is an Arraignment?

An arraignment is your first appearance in criminal court before a judge. It must happen within 24-48 hours after you are arrested in New York City^[1]. At the arraignment, you are formally told about the criminal charges against you and informed of your rights, like your right to a trial and to have a lawyer represent you^[1].

The arraignment has a few key parts:

• You are appointed a lawyer if you can’t afford one. More on this below.
• The charges against you are read out loud in court by the prosecutor.
• You enter a “plea” of guilty or not guilty to the charges.
• The judge decides on bail – whether you can be released, and if so, under what conditions.

The arraignment sets the stage for the rest of your criminal case. It’s a very important hearing where a lawyer can advocate for your rights and freedom.

Getting a Lawyer for Your Arraignment

You have a right to have a criminal defense lawyer represent you at your arraignment and throughout the case. There are two options:

1. Hire a private lawyer – This will give you the most choice in who represents you. Shop around to find an experienced criminal defense lawyer you trust.
2. Get a court-appointed lawyer – If you can’t afford a private lawyer, tell the judge and they will appoint a public defender or other court-approved lawyer to represent you for free.

Having a lawyer at your arraignment is extremely important. A lawyer can negotiate with the prosecutor, argue to the judge for lower or no bail, and advise you on entering your plea.

Plea Bargaining at the Arraignment

Before entering your plea, your lawyer may engage in “plea bargaining” negotiations with the prosecutor. This involves trying to settle the case by pleading guilty to lesser charges or receiving a lighter sentence recommendation.

Plea deals must be negotiated carefully, with an eye towards avoiding the maximum penalties. A skilled New York arraignment lawyer will fiercely negotiate to get charges dropped or reduced.

Entering Your Plea

After hearing the charges, you will enter a formal plea of guilty, not guilty, or no contest:

• Not guilty – You deny the charges and want to fight the case at trial.
• Guilty – You admit the charges and accept punishment.
• No contest – You don’t admit guilt but accept punishment like a guilty plea.

Your lawyer will advise you on the best plea to enter. The arraignment plea can always be changed later as your case proceeds.

Arguing Bail at Your Arraignment

At the arraignment, the judge decides if you will be:

• Released until trial – either on your own recognizance or with conditions like probation.
• Or
• Kept in jail by setting cash bail – this requires paying money to the court as a guarantee you’ll return.

Your arraignment lawyer will argue against bail, for lower bail, or for release without bail. This advocacy can keep you out of jail pending trial.

Why You Need an Experienced Arraignment Lawyer

Facing criminal charges is frightening, and most people feel overwhelmed going through the arraignment process. An experienced New York criminal arraignment lawyer can guide you through it and protect your rights by:

• Negotiating dismissal or reduction of charges.
• Argue persuasively against setting high bail.
• Advising you on whether to plead guilty or not guilty.
• Informing you of the rights you must assert.
• Developing an overall defense strategy for your case.

Without a lawyer, you may make serious mistakes at your arraignment that hurt your case down the road. Know your rights and fight smart – consult an arraignment attorney before going to court.

Finding the Best Arraignment Lawyer for You

If you’ve been arrested in New York City, don’t delay in finding an experienced criminal defense lawyer to represent you at your arraignment. Look for attorneys with a proven track record of achieving positive results for clients facing arraignment.

When researching arraignment lawyers, here are important questions to ask:

• How long have you been handling arraignments in New York City?
• What is your overall success rate in getting charges reduced or dismissed?
• What strategies will you use to avoid bail being set or get bail lowered?
• If I can’t afford your fees, can you help me get a court-appointed lawyer?
• Are you available for emergency representation if I’m arrested outside business hours?

Go with an arraignment lawyer you feel comfortable with and who instills confidence they can protect your rights. The stakes are high, so this is not the time to take chances with inexperienced counsel.

What if I Miss My Arraignment Date?

You must appear at your scheduled arraignment in New York City. If you miss it, the judge will issue a bench warrant for your arrest. Police will pick you up and bring you before the court.

Never miss your arraignment date! If an emergency comes up, have your lawyer ask the judge for a new date right away.

Inside the Arraignment Courtroom – What to Expect

If you’ve never been to criminal court, your arraignment will be a new and nerve-wracking experience. Knowing what to expect can ease some anxiety.

In New York City, arraignments happen at the main criminal courthouse in each borough – for example, the Bronx County Criminal Court. When you arrive, you’ll go through security to enter the courthouse, then be directed to the arraignment courtroom.

Some things you’ll notice inside the arraignment courtroom:

• It’s usually very crowded and noisy, with other cases being heard.
• You’ll sit in the “defendant’s area” until your case is called.
• Your lawyer will explain what’s happening and guide you through the process.
• When your case is called, you’ll stand before the judge as charges are read.
• Your lawyer will speak on your behalf and deliver your plea.
• Things move quickly – your actual time before the judge may be only 10-15 minutes.

Having an attorney there to support you makes a huge difference. Lean on their experience to get through this initial court appearance.

Can I Get the Charges Dropped at Arraignment?

It’s possible but unlikely to get charges dismissed completely at your arraignment. Prosecutors rarely drop charges right away unless there are serious problems with the arrest or investigation.

However, an experienced lawyer may convince the prosecutor to reduce charges or agree to a plea deal at arraignment. For example, a felony charge might be reduced to a misdemeanor.

Even if charges aren’t dropped immediately, a good arraignment lawyer will start building a strong defense strategy for getting charges dismissed later.

What if I Can’t Afford Bail Set at Arraignment?

If the judge sets unaffordable cash bail at your arraignment, don’t panic. Your lawyer may file a bail appeal requesting the bail be lowered or changed to allow release without posting cash.

You can also have a bail bondsman post your bail for a fee, usually 10% of the bail amount. Bondsmen may offer payment plans if you can’t pay the fee up front.

In serious cases, the judge may order you held without bail until trial. Your lawyer can file a motion challenging this decision.

Takeaways – Key Tips for Your Arraignment

Preparing for your New York criminal arraignment can reduce stress and help your case. Keep these tips in mind:

• Hire an experienced arraignment lawyer right away after getting arrested.
• Be respectful in court and follow your lawyer’s instructions.
• Plead “not guilty” if you want to fight the charges.
• Don’t make any statements about the case during arraignment.
• Ask your lawyer to request release without bail or lower bail.
• Get a court date for your next hearing before leaving court.

With an arraignment lawyer guiding you, you’ll navigate this initial hearing and start building your defense for beating the charges.

Conclusion – Arraignment Sets the Tone for Your Case

Your New York criminal arraignment is a crucial first step after getting arrested. The decisions made there can impact the rest of your case.

Don’t go it alone without experienced legal counsel. Hire a knowledgeable arraignment lawyer to protect your rights, avoid bail, and set you on the path to the best possible outcome – dismissal of charges or acquittal at trial.

With an attorney at your side, you can face the arraignment with confidence knowing your interests are defended. This will relieve stress and let you focus on fighting the allegations against you.

Don’t leave your freedom to chance. Consult a dedicated New York criminal arraignment lawyer today.

References

[1] https://nycourts.gov/courthelp/criminal/arraignments.shtml
[2] https://nyccriminallawyer.com/ny-criminal-system/arraignment-in-new-york/
[3] https://criminaldefense.1800nynylaw.com/new-york-criminal-arraignment-frequently-asked-questions.html
[4] https://stengellaw.com/arraignment-lawyer-nyc/
[5] https://jeffreylichtman.com/new-york-city-arrest-process/arraignment-proceedings/
[6] https://ypdcrime.com/penal.law/article215.htm