What happens at a criminal arraignment in Brooklyn
A criminal arraignment in Brooklyn is a defendant’s first court appearance after an arrest. At this hearing, the judge reads the charges, the defendant enters a plea, and the court addresses bail. In Kings County, arraignments typically occur within 24 hours of arrest at the Kings County Criminal Court for misdemeanors and violation-level offenses, or at the Kings County Supreme Court Criminal Term for felony cases. Mr. Sris and the firm’s Of Counsel attorneys appear in Brooklyn courts to guide clients through this process, ensuring they understand each step and can make informed decisions. To discuss your arraignment or upcoming court date, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Happens at a Criminal Arraignment in Brooklyn?
A criminal arraignment in Kings County follows New York Criminal Procedure Law. After arrest, the defendant is brought before a judge. The clerk reads the accusatory instrument—the document listing the charges. The judge then asks how the defendant pleads: guilty, not guilty, or, in some cases, no contest. For misdemeanors and violation offenses, arraignment happens in the Kings County Criminal Court. For felonies, it takes place in the Kings County Supreme Court Criminal Term. Because New York’s 2020 bail reform eliminated cash bail for most misdemeanors and non-violent felonies, many defendants are released on their own recognizance or with conditions after arraignment unless the charges involve qualifying violent felonies. An attorney can argue for release, challenge bail, and begin building a defense immediately.
After the plea, the judge sets the next court date. If the defendant pleads not guilty, the case proceeds to discovery, motions, and eventually trial or a negotiated resolution. For many first-offense cases, the court may consider an Adjournment in Contemplation of Dismissal (ACD), under which charges are adjourned for six to twelve months and then dismissed if the defendant stays out of trouble. Having an experienced criminal lawyer at the arraignment is critical because decisions made here—especially regarding plea and bail—can affect the entire case. Mr. Sris and the firm’s Of Counsel attorneys review the charges, advise on the appropriate plea, and handle the procedural requirements to protect the defendant’s rights.
Frequently Asked Questions
What is the purpose of an arraignment?
An arraignment is the formal start of a criminal case where the defendant is informed of the charges and enters a plea. During this hearing, the court verifies the defendant’s identity, ensures they understand the allegations, and addresses legal representation. The judge also determines bail or release conditions. In Brooklyn, this hearing occurs in the Kings County Criminal Court or Supreme Court Criminal Term, depending on the seriousness of the offense. Mr. Sris and the firm’s Of Counsel attorneys explain the process to clients so that they know what to expect.
What plea should I enter at my arraignment?
In nearly every case, the safest initial plea is “not guilty.” Entering a not-guilty plea preserves the right to contest the charges, review the prosecution’s evidence, and negotiate with the district attorney. A guilty plea at arraignment waives those rights and can lead to immediate sentencing. Even if a defendant believes they are guilty, speaking with an attorney before entering any plea is essential. Mr. Sris and the firm’s Of Counsel attorneys evaluate the strengths and weaknesses of the case before advising on the trusted course of action.
Can I get bail at my arraignment in Brooklyn?
New York’s 2020 bail reform law eliminates cash bail for most misdemeanors and non-violent felonies, meaning many defendants are released after arraignment. For charges that remain bail-eligible—such as violent felonies—the judge considers factors including flight risk, ties to the community, and the nature of the offense. The court may set bail, release the defendant on recognizance, or impose supervised release conditions. A lawyer can argue for the least restrictive conditions. Mr. Sris and the firm’s Of Counsel attorneys advocate for release at every opportunity.
What happens if I plead guilty at arraignment?
Pleading guilty at arraignment means the defendant admits to the charges and the case proceeds directly to sentencing. The judge will impose a sentence on the same day or at a later hearing. While a guilty plea can resolve the case quickly, it also creates a criminal conviction that can have lasting consequences for employment, housing, and immigration status. Before accepting a guilty plea, the court must ensure the defendant understands the rights they are giving up. Mr. Sris and the firm’s Of Counsel attorneys carefully review any plea offer to determine whether it is in the client’s best interest.
What if I plead not guilty at arraignment?
A not-guilty plea triggers the discovery process, where the prosecution must share evidence with the defense, and the case moves toward trial or a negotiated resolution. After arraignment, the court will schedule future dates for hearings, such as a suppression hearing or a trial readiness conference. During this time, the defense can investigate the facts, interview witnesses, and file motions to exclude evidence or dismiss the charges. Mr. Sris and the firm’s Of Counsel attorneys develop a defense strategy tailored to the specific facts of each Brooklyn case.
What should I do if I miss my arraignment date in Brooklyn?
Missing an arraignment can result in the judge issuing a bench warrant for your arrest. If you realize you will miss court, you should immediately contact your attorney. Your lawyer may be able to notify the court, explain the absence, and ask the judge to hold the warrant. The sooner you act, the better the outcome. Delaying can lead to additional charges. For anyone facing a missed court date in Kings County, reaching Law Offices Of SRIS, P.C. at (888) 437-7747 right away is the most important step.
Do I need a lawyer at my arraignment?
While you are not legally required to have a lawyer at arraignment, having experienced counsel present can significantly affect your case. An attorney can argue for release, negotiate charge reductions, and begin building a defense immediately. Public defenders are available at arraignment for those who financially qualify, but the defendant must request one. Private counsel can devote more time and resources to each case. Mr. Sris and the firm’s Of Counsel attorneys represent clients at Brooklyn arraignments and work to achieve the most favorable outcome from the very first court appearance.
How soon after arrest does arraignment happen in Brooklyn?
In Kings County, New York Criminal Procedure Law requires arraignment within 24 hours of arrest. For defendants arrested without a warrant, the arraignment must occur “without unnecessary delay.” This ensures that the defendant is brought before a judge quickly and has the opportunity to challenge the detention. If the arrest occurs on a weekend or holiday, the court will hold a special session. Mr. Sris and the firm’s Of Counsel attorneys monitor new arrests to provide representation as soon as possible after an individual is taken into custody.
What is a Desk Appearance Ticket (DAT) in Brooklyn?
A Desk Appearance Ticket, or DAT, is a written notice issued by the police instead of holding the defendant for a full arrest and arraignment. The DAT directs the person to appear in court on a specific future date to be arraigned. DATs are commonly issued for low-level, non-violent offenses, such as theft of services or certain misdemeanors. The recipient must appear; failure to do so can result in a warrant. When a client receives a DAT, Mr. Sris and the firm’s Of Counsel attorneys prepare them for what to expect at the scheduled appearance.
How does the Brooklyn Criminal Court differ from other courts?
The Brooklyn Criminal Court is part of the New York City Criminal Court system and handles all misdemeanor and violation-level cases arising in Kings County. The courthouse is located at 120 Schermerhorn Street, and it operates under the same procedural rules as other city courts. Felony cases are not resolved here; those proceed to the Kings County Supreme Court Criminal Term at 320 Jay Street after indictment. Understanding which court has jurisdiction over a charge helps defendants and their attorneys prepare the most effective defense. Mr. Sris and the firm’s Of Counsel attorneys appear regularly in both courts.
Can an arraignment affect my immigration status?
Yes, the charges and plea at arraignment can have serious immigration consequences, particularly for non-citizens. Certain criminal dispositions—even misdemeanors—can trigger removal proceedings or render a person inadmissible. Before entering any plea, an attorney must analyze the immigration implications. Mr. Sris and the firm’s Of Counsel attorneys consider every aspect of the client’s situation, including immigration status, when advising on the trusted course of action in a Brooklyn criminal case. Early legal intervention is critical to minimize collateral consequences.
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 has been practicing since 1997. He is admitted in New York, Virginia, Maryland, the District of Columbia, and New Jersey. The firm’s Of Counsel attorneys bring extensive combined legal experience to every Brooklyn criminal matter, including arraignments. The team’s familiarity with the Kings County courts and New York criminal procedure allows them to provide skilled representation from the very first court appearance. Results may vary. For guidance on your upcoming arraignment or any criminal matter, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
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.