What happens at a criminal arraignment in Staten Island

You were arrested in Staten Island, held overnight, and now you have a court date. The first appearance is the arraignment. This is the formal start of your criminal case, where the judge tells you what you are charged with and asks how you plead. It is not the trial, but decisions made at arraignment can shape everything that follows. If you have received a summons or a date to appear, contact an experienced criminal defense attorney as soon as possible. Mr. Sris and the firm’s Of Counsel attorneys represent individuals at arraignments in Richmond County. Call (888) 437-7747 to discuss your situation before you appear in court. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Strategy Options at Your Arraignment

At the arraignment, you generally have three choices: plead guilty, plead not guilty, or request a brief adjournment to obtain legal representation. Pleading guilty at this stage is rarely advisable without first reviewing the evidence and understanding the full consequences, because a guilty plea results in a conviction on your record. Pleading not guilty preserves your rights and gives your attorney time to investigate, negotiate with the prosecutor, or prepare for trial. In many cases, the court will allow you to be represented by counsel of your choosing. Having an attorney present can make a significant difference in how your case proceeds from day one.

What To Expect at the Arraignment in Richmond County

Arraignments for misdemeanor and violation-level offenses in Staten Island take place in the Richmond County Criminal Court, located at 18 Richmond Terrace, Staten Island, NY 10301. Felony cases are arraigned in the Richmond County Supreme Court, also in the St. George area. When you arrive, your name will be called, and you will stand before the judge. The prosecutor will read the charges—often called a complaint—and the judge will ask how you plead. You also have the right to be advised of the charges and to have the complaint read aloud if you wish.

Under New York’s 2020 bail reform, cash bail has been eliminated for most misdemeanors and non-violent felonies. Many defendants are released on their own recognizance (ROR) or with non-monetary conditions. For certain violent felonies and qualifying offenses, bail may still be set. The judge will also determine whether an Adjournment in Contemplation of Dismissal (ACD) might be appropriate for eligible first-time offenders—a mechanism where the case is adjourned for a period and then dismissed if the defendant stays out of trouble. The court will schedule the next date, usually a hearing or a future court appearance, before concluding the proceeding.

Penalty Overview

The arraignment itself does not impose a sentence, but the charges you face carry potential penalties that depend on the offense level. Understanding the classification of the charge helps you appreciate what is at stake.

Because the potential consequences range from a brief jail term to significant state prison time, even a first appearance benefits from the guidance of an experienced defense lawyer. A conviction can also carry collateral consequences, including difficulties with employment, housing, and immigration status.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Law Offices Of SRIS, P.C., founded in 1997, represents clients across New York, including Staten Island, in criminal defense matters. Mr. Sris, Owner and Founder, is a former prosecutor who understands how law enforcement and prosecutors build cases. He and the firm’s Of Counsel attorneys bring decades of courtroom experience to arraignments, pretrial hearings, and trials. Because every attorney at the firm has over a decade of practice experience, you receive seasoned guidance from the very first court appearance. The firm is by appointment; all meetings are arranged in advance. Call (888) 437-7747 to schedule a consultation.

Frequently Asked Questions

What happens if I plead not guilty at the arraignment?

If you plead not guilty, the case proceeds to a future court date for pretrial hearings or trial. Your attorney will have the opportunity to review the evidence, file motions, and negotiate with the prosecutor. Pleading not guilty does not mean you are giving up any rights; it means you are requiring the prosecution to prove the charges beyond a reasonable doubt. In many Staten Island criminal matters, the time between arraignment and the next court date allows for thorough case preparation.

Do I need a lawyer at the arraignment?

While you are not legally required to have a lawyer at arraignment, having one is highly advisable. An attorney can advise you on the optimal plea, raise bail arguments, and begin building your defense immediately. If you cannot afford an attorney, the court may assign a public defender or an attorney from the 18-b panel. However, hiring private counsel often provides earlier and more individual case review to your case.

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

An ACD is a disposition available for certain first-time offenses where the case is adjourned for a set period and then dismissed if you avoid new arrests. It is not a conviction. If granted at arraignment, you will be released and monitored for the adjournment period. After successful completion, the charges are dismissed and sealed. An attorney can help determine if your case qualifies for an ACD.

Will I go to jail after the arraignment?

Most people are not held in jail after arraignment in Staten Island, especially for misdemeanors and non-violent felonies. Under the 2020 bail reform, release on recognizance is the default unless the charges involve certain violent felonies or specific exceptions. If bail is set, you may be held until bail is posted. The judge will consider factors such as flight risk and public safety. Having an attorney present to argue for your release can influence the outcome.

What is the difference between the Criminal Court and Supreme Court arraignment?

Misdemeanors and violations are arraigned in the Richmond County Criminal Court, while felony cases are arraigned in the Richmond County Supreme Court. The process is similar, but felony cases involve a preliminary hearing or grand jury presentation later. The Supreme Court arraignment is the first step toward a potential felony trial. Both courts are located in the same complex at 18 Richmond Terrace.

Can I speak to my family or an attorney before the arraignment?

Yes, you have the right to communicate with family and consult with an attorney before the proceeding. If you are in custody, you will have access to a telephone. If you have not yet retained counsel, you can request a short adjournment to do so. The court generally grants a reasonable opportunity for you to obtain representation.

What happens if I miss my arraignment date?

Missing an arraignment can result in a bench warrant for your arrest. It is critical to appear at the scheduled date and time. If you have a valid emergency, your attorney may be able to contact the court to request a postponement, but you should never assume the date will be changed without confirmation.

How are bail conditions determined at arraignment?

The judge considers the charges, your criminal history, ties to the community, and risk of flight. New York’s bail law requires release on recognizance or under non-monetary conditions for most offenses, except qualifying violent felonies. If the prosecution requests bail, your attorney can present arguments in favor of release. The judge may also impose conditions such as surrender of passport or an order of protection.

What is the right to a speedy trial?

In New York, a defendant has a right to a speedy trial under CPL § 30.30, which generally requires the prosecution to announce readiness for trial within 90 days for misdemeanors and six months for felonies. This clock starts from the arraignment or first court appearance. An experienced attorney monitors these timelines to protect your rights and may seek dismissal if the prosecution fails to comply.

How do I retain the firm for my arraignment?

Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. The firm’s New York location provides representation at Staten Island arraignments by appointment. During the call, you will speak with a staff member who can arrange an in-person or telephone meeting with Mr. Sris or one of the firm’s Of Counsel attorneys. Prompt contact before your arraignment date is recommended so that your legal team can prepare.

Schedule a Consultation

An arraignment is a critical step in any criminal case. The decisions you make at the outset can affect everything that follows. Mr. Sris and the firm’s Of Counsel attorneys have the experience to guide you through the process. Call (888) 437-7747 to arrange a confidential consultation. The firm’s New York location serves clients in Staten Island by appointment. Learn more about our criminal defense practice at our comprehensive site or visit our New York criminal defense page.

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