What happens at a criminal arraignment in Clinton County

You were arrested in Clinton County—maybe after a traffic stop on I‑87, a dispute in Plattsburgh, or a warrant served at your home. You spent the night in custody, and now you are being told to appear in court the next morning. That first court appearance is the arraignment, and what happens there matters. The judge will tell you what you are charged with, ask whether you have a lawyer, and decide whether you will be released while your case moves forward. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys help people in Clinton County navigate arraignments and the criminal proceedings that follow. For a consultation, call (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Your Options at Arraignment

When you stand before the judge in the Clinton County Criminal Court or, for a felony, the Clinton County Supreme Court Criminal Term, you will be asked to enter a plea. You have three choices: plead not guilty, plead guilty, or—in many misdemeanor cases—request an adjournment to speak with an attorney. Pleading not guilty preserves your right to challenge the charges, to review the evidence against you, and to have a trial. Pleading guilty at arraignment means you give up those rights and accept a conviction immediately, which can have long‑term consequences for your record, your job, and your immigration status. Because the decision is irreversible, speaking with an experienced criminal defense attorney before entering a plea is the safest course. Mr. Sris and the firm’s Of Counsel attorneys can appear with you, explain the realistic options, and ensure that your plea is entered only after a careful review of the case.

What to Expect at a Clinton County Arraignment

An arraignment in Clinton County typically occurs within 24 hours of arrest, as required by New York law. The judge will first verify your identity and read the charges against you—whether a violation (such as disorderly conduct), a misdemeanor (such as petit larceny or assault), or a felony (such as burglary or drug sales). In New York, most misdemeanor and violation‑level arrests now result in a Desk Appearance Ticket (DAT) instead of a custodial arrest, so you may be arraigned weeks later on a scheduled date rather than the morning after booking. If you were held, the arraignment will also address bail. Under New York’s 2020 bail reform, cash bail is eliminated for most misdemeanors and non‑violent felonies; the judge may release you on your own recognizance, set non‑monetary conditions, or—if the charge is a qualifying violent felony—set bail. Your attorney can argue for the least restrictive conditions and, if bail is set, ask for a prompt bail review. The judge will also inform you of your right to counsel and, if you cannot afford a lawyer, assign one from the Legal Aid Society or the 18‑B panel.

Penalties and What Comes Next

The charges you face determine the potential consequences. In New York, a violation carries a maximum of 15 days in jail; a Class B misdemeanor up to three months; a Class A misdemeanor up to one year; and felonies range from 1‑4 years for a Class E non‑violent felony to life imprisonment for a Class A‑I felony. The arraignment is the starting point; after a not‑guilty plea, the case moves into the pretrial phase. For misdemeanors, a trial is usually held in the local criminal court within 30‑90 days. For felonies, the case proceeds to the Supreme Court Criminal Term, where a grand jury indictment may be sought. Your attorney can negotiate with the prosecutor, file motions to suppress evidence, and, in appropriate first‑offense cases, explore an Adjournment in Contemplation of Dismissal (ACD)—a disposition that results in the charges being dismissed after 6‑12 months if you stay out of trouble. Because every case is different, the outcome depends on the specific facts; nothing said here guarantees a particular result.

Attorney Credentials

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., concentrates his practice on criminal defense. A former prosecutor, he has handled criminal matters in New York, Virginia, Maryland, the District of Columbia, and New Jersey since founding the firm in 1997. He is admitted to practice before all New York state courts and appears regularly in Clinton County. The firm’s Of Counsel attorneys bring extensive combined legal experience, and every attorney on the team has over a decade of practice. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). For a more detailed statutory analysis, see our comprehensive overview at srislawyer.com.

Frequently Asked Questions

Do I need a lawyer at my arraignment in Clinton County?

Yes, it is strongly advisable to have a lawyer at your arraignment because the plea you enter and the bail determination can affect the rest of your case. Even if you think the charge is minor, a conviction can carry jail time, fines, and a permanent criminal record. Mr. Sris and the firm’s Of Counsel attorneys can appear with you, argue for release on recognizance, and make sure you understand every option before you speak.

What happens if I plead guilty at arraignment?

If you plead guilty at arraignment, you are convicted immediately and the judge will impose a sentence, which may include jail, probation, fines, or a combination. You give up your right to a trial, to cross‑examine witnesses, and to challenge the evidence. Because the conviction becomes part of your permanent record, it is critical to consult an attorney before entering a guilty plea.

Can I be released without bail at arraignment?

Yes, under New York’s 2020 bail reform most people charged with misdemeanors and non‑violent felonies are released on their own recognizance or with non‑monetary conditions. For violent felonies and certain qualifying offenses, the judge may set bail. Your attorney can present arguments for the least restrictive release conditions and request a bail review if bail is set.

What is an Adjournment in Contemplation of Dismissal (ACD)?

An ACD is a disposition available for many first‑offense cases in New York; the charge is adjourned for 6‑12 months and then automatically dismissed if you avoid new arrests. It is not a conviction and can be an excellent outcome for someone with no prior record. Eligibility depends on the charge and your history; an experienced attorney can advise whether an ACD might apply.

How long does a criminal case take in Clinton County after arraignment?

The timeline varies; misdemeanor trials typically occur within 30‑90 days, while felony cases can take several months to over a year. New York’s speedy‑trial statute (CPL § 30.30) requires the prosecution to be ready for trial within 90 days for most misdemeanors and six months for felonies, but many delays are excludable. Your attorney will keep you informed of scheduling and any deadlines that affect your case.

Will I have a criminal record if the case is dismissed?

If your case is dismissed, the arrest record may still exist, but you can often have it sealed under CPL § 160.50 if the dismissal is a favorable termination. An experienced attorney can help you seek sealing of the records to minimize the impact on employment, housing, and other background checks. The specifics depend on the type of dismissal and your prior record.

What is the difference between a misdemeanor and a felony in New York?

Misdemeanors are less serious offenses punishable by up to one year in jail; felonies are more serious and carry state prison sentences of over one year. Misdemeanors are handled in the local criminal court, while felonies go to the Supreme Court Criminal Term. A felony conviction also brings additional consequences, such as loss of certain civil rights.

Can I speak to the judge without a lawyer?

You have the right to speak directly to the judge, but anything you say can be used against you. Judges at arraignment will advise you of your right to remain silent and your right to counsel. It is almost always better to let an attorney speak for you, because an offhand remark can harm your defense or influence the bail decision.

What should I bring to my arraignment?

Bring a government‑issued photo ID and any paperwork you received from the police, such as the Desk Appearance Ticket or charging documents. If you have an attorney, they will tell you if any other documents are needed. Dress respectfully, arrive on time, and do not discuss the facts of the case with anyone except your lawyer.

Does the arraignment determine guilt?

No, the arraignment is not a trial; no evidence is presented and no witness testimony is taken. The sole purposes are to inform you of the charges, accept your plea, and address release conditions. The determination of guilt happens only if you plead guilty or are found guilty after a trial.

Speak with a Clinton County Criminal Defense Attorney

An arraignment sets the tone for the entire criminal case. Before you enter a plea or agree to any conditions, speak with Mr. Sris and the firm’s Of Counsel attorneys. To schedule a consultation, call (888) 437‑7747 or reach us online. We appear regularly in the Clinton County Criminal Court and the Clinton County Supreme Court Criminal Term.

Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202
(888) 437‑7747
By appointment only.

Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.