Brooklyn Arraignment Lawyers

If you’re facing a drug charge, the first step in your defense is called an arraignment. The arraignment is your first opportunity to appear before a judge and begin your defense. There are important things that happen at your arraignment that can make a critical difference when it comes to preparing your case. Errors at your arraignment can make it harder to build your defenses and ultimately impact the result of your case.

Do I have the right to a Brooklyn arraignment lawyer?

Yes, you have the right to a Brooklyn arraignment lawyer. You have the right to have an attorney represent you at every stage in the proceedings. Your arraignment is no exception. Having an attorney represent you can give you the insight and the guidance that you need to make your arraignment proceeding successful.

What happens at an arraignment in Brooklyn?

Several things happen at an arraignment in Brooklyn. The purpose of an arraignment is to give you formal notice of what charges you’re facing and ensure that you receive due process under the law. At its core, the arraignment is your opportunity to have formal notice of the charges against you. The police may or may not tell you what charges you’re facing at your arrest. In addition, the state’s attorney might change the charges against you. If law enforcement makes an arrest for one type of charge, the state’s attorney might decide that it’s more appropriate to authorize different charges. Your arraignment is where you get to hear what the charges are against you.

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Legal Scenario: What Would You Do?

Scenario

You were arrested in Brooklyn for criminal possession of a controlled substance after police found drugs during a traffic stop. You received a desk appearance ticket and now have a court date for your arraignment at Brooklyn Criminal Court, but you have no idea what to expect or how the outcome could affect the rest of your case.

What happens at my Brooklyn arraignment, and how can mistakes at this stage hurt my defense?

Attorney's Answer

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 your attorney can challenge the sufficiency of the complaint or argue for recognizance release under the 2020 bail reform statutes. A skilled arraignment lawyer can also request discovery early under CPL § 245.20 and identify procedural errors, such as whether your arrest lacked probable cause or if the prosecution failed to convert the complaint to an information within the required timeframe. Failing to raise these issues at arraignment can waive critical defenses and leave you detained unnecessarily while your case proceeds. Having experienced Brooklyn counsel at this stage ensures your rights are protected from the very first court appearance.

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

There are other important things that happen at your arraignment. The judge may advise you of your legal rights. Your legal rights are important because they impact your ability to receive a fair proceeding and ultimately receive justice. You have the right to try your case in front of a jury. You aren’t guilty simply because law enforcement accuses you of a crime or the state’s attorney authorizes charges. You have the right to a jury trial to determine your guilt or innocence. The judge may inform you of this right at your arraignment. The judge may also tell you that you have the right to call witnesses and testify in your own defense. You also have the right not to testify in order to prevent self-incrimination.

Setting bond or bail at your Brooklyn arraignment