What happens at a criminal arraignment in Queens County
An arraignment is the first court hearing after a criminal arrest. In Queens County, New York, you are brought before a judge, informed of the charges against you, advised of your right to an attorney, and asked to enter a plea. For misdemeanor cases, the arraignment occurs at the NYC Criminal Court in Queens. For felony charges, the arraignment takes place at the Queens County Supreme Court, located at 88-11 Sutphin Boulevard in Jamaica. New York law requires that an arrestee be brought before a judge without unnecessary delay—typically on the same day as the arrest or the following morning. At this hearing, the judge also addresses bail or conditions of release. Under New York’s 2020 bail reform, many offenses no longer require cash bail; individuals may be released on their own recognizance or with non-monetary conditions. An experienced criminal defense attorney can advocate for your release, challenge the legal basis of the charges, and preserve your rights from the very first appearance. If you or someone you care about has an arraignment scheduled in Queens County, contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding the Arraignment Process in Queens County
The arraignment serves several critical functions. First, the judge reads the formal charges—the “complaint”—so that you understand exactly what you are accused of. Second, you are advised of your constitutional rights, including the right to remain silent and the right to an attorney. If you cannot afford a lawyer, the court will assign one at this hearing. Third, you are asked to enter a plea: not guilty, guilty, or no contest. Most defendants enter a not guilty plea at this stage to allow time for legal review and negotiation. Fourth, the judge decides on bail or conditions of release. In Queens, the judge considers factors such as the nature of the charges, your ties to the community, and your criminal history. Because many misdemeanors and non-violent felonies are now bail-eligible only for release under the 2020 reform, many individuals are released without monetary bail. However, protective orders or supervised release programs may be imposed. After the arraignment, a date for the next court appearance is set. For misdemeanors, the case proceeds in the Criminal Court. For felonies, the case may be presented to a grand jury if not yet indicted. Throughout this process, having a knowledgeable attorney can help protect your interests.
The Queens County District Attorney’s Office is responsible for prosecuting cases in both the Criminal Court and Supreme Court. An attorney can engage with the prosecutor early on, potentially influencing charging decisions or advocating for a favorable plea offer. Even at the arraignment, an attorney may move to dismiss charges that are legally insufficient, challenge the sufficiency of the complaint, or argue for more lenient release conditions. Law Offices Of SRIS, P.C. Appears regularly in Queens courts, providing representation from arraignment through trial.
Frequently Asked Questions
What is the purpose of an arraignment in Queens County?
An arraignment is the initial court proceeding where a criminal defendant is formally advised of the charges, informed of their rights, and enters a plea. This hearing ensures that you understand the accusations against you and that the court determines whether you can be released from custody pending trial. The judge also decides on bail or other conditions of release based on factors like flight risk and community safety. In Queens, arraignments occur promptly after arrest, either at the NYC Criminal Court for misdemeanors or at the Queens County Supreme Court for felonies.
What happens if I cannot afford an attorney at my arraignment?
If you cannot afford a lawyer, the court will assign a public defender or a court-appointed attorney at your arraignment. You have the right to counsel under the Sixth Amendment, and New York law ensures that anyone facing criminal charges who qualifies as indigent receives representation. At the arraignment, you can request an attorney, and the judge will either appoint one immediately or adjourn the proceedings for a short time so that a lawyer can be provided. Law Offices Of SRIS, P.C. offers private legal representation; you can also retain counsel before the arraignment to avoid delay and have an attorney prepared from the start.
How is bail determined at an arraignment in Queens County?
Bail is determined by the judge based on factors including the severity of the charges, your criminal history, community ties, and risk of flight. Under New York’s 2020 bail reform, cash bail is prohibited for most misdemeanors and non-violent felonies; for these offenses, you are typically released on your own recognizance or with non-monetary conditions such as supervised release. For qualifying violent felony offenses, the judge may still set bail. If you are held on bail, an attorney can argue for release on your own recognizance, a lower bail amount, or less restrictive conditions. An attorney’s presence can often influence the bail determination.
Can I be released from custody at my arraignment?
In many cases, yes—you can be released at arraignment on your own recognizance or with non-monetary conditions. For offenses covered by the 2020 bail reform, the court is required to release you without money bail unless the prosecutor can demonstrate that you pose a significant flight risk or threat to public safety. Even for bail-eligible charges, the judge has discretion to set conditions that do not require cash. An attorney can present arguments about your employment, family situation, and community ties to support a release decision. If you are not released, you will be taken into custody until your next court date.
What plea should I enter at an arraignment?
Most defendants enter a plea of not guilty at arraignment to preserve their rights and allow time for legal review. Even if you believe you are innocent, a not guilty plea is standard; it does not waive any defenses. If you plead guilty at arraignment, you give up many rights and immediately accept a conviction. A not guilty plea gives your attorney time to investigate the charges, negotiate with the prosecutor, and develop a strategy. Occasionally, a defendant may plead guilty at arraignment if a plea offer has already been negotiated, but that is rare. Speak with an attorney before making any decision.
What is an adjournment in contemplation of dismissal (ACD) in New York?
An adjournment in contemplation of dismissal (ACD) is a procedural outcome where the case is postponed for a period—typically six months—after which it is automatically dismissed if you stay out of trouble. An ACD is often offered to first-time offenders and for minor offenses. If granted at or after arraignment, you avoid a criminal conviction. After the designated period, if you have not been arrested again, the charges are completely erased. An attorney can negotiate for an ACD when appropriate.
What happens after the arraignment in a Queens County criminal case?
After the arraignment, the case moves into the pre-trial phase, which includes discovery, motion practice, and potential plea bargaining. For misdemeanors, the next court date is typically a conference or a trial date set by the judge. For felonies, the case may be presented to a grand jury if an indictment has not yet been obtained; the defendant may also have a preliminary hearing. Throughout this period, your attorney will review evidence, file motions to suppress, and engage in negotiations with the Queens District Attorney’s Office. If a plea agreement is not reached, the case proceeds to trial. Having an experienced attorney from the outset can shape the entire direction of the case.
Do I need to appear at my arraignment, or can my lawyer go alone?
In most cases, you must appear in person at your arraignment; your attorney cannot appear on your behalf without you present. Criminal arraignments require the defendant to be physically present before the judge. If you are out of state, you may need to arrange to return. In very limited circumstances, a court may permit a lawyer to appear initially while your appearance is waived temporarily, but this is rare. If you miss your arraignment without a valid reason, the judge may issue a warrant for your arrest. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss how to handle your appearance.
What if I miss my arraignment date?
Missing your arraignment date can lead to a bench warrant for your arrest, additional charges for failure to appear, and potential bail forfeiture. It is critical to attend every scheduled court hearing. If you realize you missed the date, contact an attorney immediately; they may be able to have the warrant vacated and reschedule the arraignment. The longer you wait, the more serious the consequences. Law Offices Of SRIS, P.C. can assist in resolving a missed appearance.
How long does an arraignment hearing usually take?
An arraignment hearing itself is relatively brief, often lasting only a few minutes, but wait times at the courthouse can be longer depending on the court’s calendar. The actual proceeding involves the reading of charges, entry of plea, and bail determination; these steps typically take under ten minutes. However, you may need to arrive early and wait for your case to be called. In Queens, volume can be high, so it is wise to plan for several hours at the courthouse overall. An attorney can advise you on when to arrive and what to expect.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He draws on extensive experience in criminal trial work and brings a perspective informed by his prosecutorial background. The firm’s New York location serves clients in Queens County, appearing regularly in the NYC Criminal Court and the Queens County Supreme Court. Mr. Sris and the firm’s Of Counsel attorneys represent individuals at all stages of criminal proceedings, from arraignment through trial. The firm’s Of Counsel attorneys bring multi-jurisdictional experience; Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. They work to protect clients’ rights, negotiate with prosecutors, and pursue favorable outcomes. For a consultation, call (888) 437-7747. Phones are answered 24 hours a day, seven days a week, with appointments available by request.
Related pages: New York County Criminal Lawyer, Kings County Criminal Lawyer, Bronx County Criminal Lawyer, Queens County Criminal Defense Lawyer.
For official court information, visit the Queens County Courts—New York State Unified Court System. For criminal statutes, see the New York Penal Law (PEN).
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