What happens at a criminal arraignment in New York

You were taken into custody, processed at the precinct, and held overnight. This morning you are being brought before a judge for the first time. That proceeding is the arraignment — the initial court appearance where the charges against you are formally presented and you enter a plea. It is a critical stage in any New York criminal case. At the arraignment, the court determines whether you will be released or held while your case proceeds. Mr. Sris and his Of Counsel team at Law Offices Of SRIS, P.C. understand the urgency of this moment. Our firm appears at arraignments throughout New York, from the boroughs of New York City to Nassau, Suffolk, Westchester and beyond. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your situation.
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What Is an Arraignment in New York?

An arraignment is the first formal court appearance after an arrest. Under New York law, the defendant appears before a judge in the local criminal court where the arrest occurred — for example, the New York City Criminal Court in Manhattan, Brooklyn, Queens, Staten Island or the Bronx, or a District Court on Long Island, or a City Court upstate. At the arraignment, the judge reads the charges aloud and asks the defendant to enter a plea. The available pleas are not guilty, guilty, or not guilty by reason of mental disease or defect. Most defendants, with advice from counsel, enter a not-guilty plea at this stage to preserve all rights and defenses.

Beyond the plea, the arraignment is when the court addresses release conditions. Following New York’s 2020 bail reform, cash bail has been eliminated for most misdemeanors and non-violent felonies. In many cases, the defendant is released on their own recognizance or with conditions such as supervised release. For certain violent felonies and qualifying offenses, the court may set bail. The arraignment is also the moment when the right to counsel attaches. If the defendant cannot afford a lawyer, the court assigns a public defender or an 18‑b panel attorney. Retaining private counsel before the arraignment allows the attorney to argue for the most favorable release conditions and to begin building a defense immediately.

How Mr. Sris and His Of Counsel Handle Criminal Cases

Law Offices Of SRIS, P.C. represents people facing criminal charges in all five boroughs, Long Island, the Hudson Valley, and every judicial department across New York. Mr. Sris, a former prosecutor, draws on extensive combined legal experience with his Of Counsel to address the full range of criminal matters — from misdemeanors such as petit larceny and criminal trespass to serious felonies including assault, robbery, and drug trafficking. We work toward favorable outcomes by examining the prosecution’s evidence, challenging investigative procedures when warranted, and identifying avenues for dismissal or reduction.

For a client accused of a first offense, we explore New York’s diversionary options, including Adjournment in Contemplation of Dismissal (ACD) for eligible charges. An ACD is a disposition in which the case is adjourned for a period — often six to twelve months — and automatically dismissed if the defendant stays out of trouble. We also assess whether the matter can be addressed through a conditional discharge, a plea to a lesser offense, or, when appropriate, a suppression hearing to test the admissibility of evidence. The timeline for a criminal case depends on the complexity of the matter, the court’s calendar, and the charges involved. For broader context, see our comprehensive criminal defense overview on our firm’s main site.

Under New York Criminal Procedure Law § 30.30, the prosecution must be ready for trial within 90 days for a misdemeanor and within six months for a felony.

Source: N.Y. Crim. Proc. Law § 30.30. New York State Senate legislation

Reviewed by Mr. Sris, admitted in VA, MD, DC, NJ, and NY.

About Mr. Sris and His Of Counsel Team

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel work alongside him, bringing extensive combined legal experience to every case. Together, they have documented case results across practice areas. Results may vary.

Frequently Asked Questions

What is an ACD in New York?

An Adjournment in Contemplation of Dismissal (ACD) is a New York disposition in which the charges are adjourned for a period — often six to twelve months — and automatically dismissed if the defendant has no new arrests. It is available for many first‑offense cases and can be a valuable resolution. Once dismissed, ACD records may be sealed. For guidance on whether an ACD may apply to your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

Do I need a lawyer at the arraignment?

Yes — you have the right to have a lawyer present at your arraignment, and it is strongly advisable to exercise that right. A lawyer can argue for your release without bail, negotiate with the prosecutor, and ensure your plea is entered correctly. If you cannot afford a lawyer, the court will assign one. To retain experienced private counsel, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

What happens after an arraignment in New York?

After the arraignment, the case proceeds through discovery, motion practice, and possibly a pre‑trial hearing or trial. In felony cases, the matter may be presented to a grand jury for indictment in the New York Supreme Court. In misdemeanor cases, the case continues in the local criminal court. The court will schedule the next court date — often a pre‑trial conference or a hearing. For a consultation about post‑arraignment strategy, reach Mr. Sris and his Of Counsel at (888) 437-7747.

Can I be released at the arraignment?

In many New York cases, yes — under the 2020 bail reform, most misdemeanor and non‑violent felony defendants are released without cash bail at the arraignment. The judge may impose supervised release conditions, such as check‑ins or electronic monitoring. For violent felonies, bail may be set. An experienced attorney can advocate for the least restrictive conditions. To discuss your release, contact our firm at (888) 437-7747.

What is the penalty for a misdemeanor in New York?

A Class A misdemeanor in New York carries a maximum sentence of up to one year in jail; a Class B misdemeanor carries up to three months; and a violation carries up to 15 days. Fines, probation, community service, or conditional discharge are also possible penalties. The specific consequences depend on the offense and the defendant’s prior record. For case‑specific guidance, consult with an attorney. Reach Law Offices Of SRIS, P.C. at (888) 437-7747.

Official New York criminal procedure resources:
New York Criminal Procedure Law |
New York State Criminal Courts

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