What happens at a criminal arraignment in Niagara County

At a criminal arraignment in Niagara County, the person accused of a crime appears before a judge, is formally notified of the charges filed against them, and enters a plea of guilty or not guilty. The judge will also address bail or release conditions. For most misdemeanor arrests, the arraignment occurs in a local city, town, or village court, such as Lockport City Court or Niagara Falls City Court. Felony arraignments are held in Niagara County Court or, in some instances, before a Niagara County Supreme Court justice. Since New York’s 2020 bail reform, cash bail has been eliminated for the majority of misdemeanors and non‑violent felonies, meaning many individuals are released on their own recognizance after the proceeding. Having an attorney present at this early stage helps protect your rights and allows counsel to begin advocating for a favorable pretrial release or an Adjournment in Contemplation of Dismissal (ACD) where appropriate. To discuss your upcoming arraignment, reach Mr. Sris and the firm’s Of Counsel attorneys at Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

How Arraignments Work in Niagara County Courts

An arraignment is the first formal court appearance after an arrest. The process in Niagara County is governed by the New York Criminal Procedure Law (CPL). When a person is arrested, they are either held for arraignment or issued a desk appearance ticket (DAT) directing them to appear on a future date. At the hearing, the judge reads the charges as set forth in the accusatory instrument and informs the defendant of the right to counsel. The defendant then enters a plea. If the charge is a misdemeanor or violation, the matter will typically remain in the local criminal court; felony complaints are sent to Niagara County Court for further proceedings, including a preliminary hearing or grand jury action.

One important feature of New York criminal practice is the availability of an Adjournment in Contemplation of Dismissal (ACD) for certain first‑offense matters. Under an ACD, the case is adjourned for a period of six to twelve months; if the defendant stays out of trouble, the charges are automatically dismissed and the record is sealed. The judge may also set a future court date for motions or trial. Throughout the arraignment, it is essential to have a lawyer who can argue for release on recognizance, challenge any bail request by the prosecution, and begin building the defense from the outset. Law Offices Of SRIS, P.C. represents individuals at arraignments in all Niagara County courts and can attend the proceeding to ensure your rights are preserved.

Frequently Asked Questions

What exactly is an arraignment?

An arraignment is the initial court appearance where a defendant is formally advised of the charges and enters a plea. It is the first time the accused faces a judge after an arrest. At the hearing, the court reads the accusatory instrument, explains the right to a lawyer, and sets conditions of release. The defendant typically pleads “not guilty” to preserve the right to challenge the prosecution’s case. In Niagara County, misdemeanor arraignments take place in city, town, or village courts, while felony arraignments are heard in Niagara County Court or Supreme Court.

When will my arraignment happen after an arrest in Niagara County?

Someone arrested in Niagara County must be arraigned without unnecessary delay, usually within 24 hours of arrest. If the arrest occurs on a weekend or holiday, the arraignment may be scheduled for the next business day. For many minor offenses, the police issue a desk appearance ticket (DAT) instead of holding the person, directing them to appear in court on a specific future date. This means you might not be taken into custody but will still need to attend court at the appointed time.

What should I say at my arraignment in Niagara County?

At an arraignment, you should say very little other than stating your name and entering a plea of “not guilty” after consulting with counsel. Anything you say to the judge can be used against you later. Do not discuss the facts of the case or offer explanations. Let your lawyer speak on your behalf. If you arrive without an attorney, the court will adjourn the proceeding to allow you to obtain counsel or apply for a public defender if you qualify. It is always best to have an experienced criminal defense lawyer present before any substantive statements are made.

Can I get bail at my arraignment in Niagara County?

New York’s bail reform eliminated cash bail for most misdemeanors and non‑violent felonies, so many individuals are released on their own recognizance at arraignment. If the charge is a violent felony or a qualifying offense under the statute, the judge may set bail. The court can also impose non‑monetary conditions, such as supervised release or an order of protection. Your attorney can argue for the least restrictive conditions possible, such as release on your promise to return to court, and challenge any bail request by the prosecution.

What happens after the arraignment in a Niagara County criminal case?

After the arraignment, the court schedules the next date for either a pretrial conference, a hearing, or a trial. In misdemeanor cases, the matter returns to the local criminal court. For felonies, the case moves to Niagara County Court for further proceedings, including a preliminary hearing or presentation to a grand jury. Your lawyer will receive discovery materials from the prosecution and begin investigating the facts. During this period, your attorney can negotiate a possible resolution or prepare for trial. Missing a scheduled court date can result in a bench warrant, so it is critical to stay in contact with your lawyer and attend all appearances.

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

While you are not legally required to have a lawyer at arraignment, having one present is strongly advisable because the decisions made at the hearing affect the entire case. Your attorney can argue for release without bail, seek an Adjournment in Contemplation of Dismissal (ACD) if eligible, and ensure that you do not make statements that could later be used against you. If you cannot afford a lawyer, the court will provide an application for a public defender. However, an experienced criminal defense attorney from the start can often secure a better outcome from the very first appearance.

What if I miss my arraignment date in Niagara County?

Missing an arraignment date can result in the judge issuing a bench warrant for your arrest. Once a warrant is issued, law enforcement can take you into custody at any time. It may also negatively impact your ability to obtain a favorable release condition in the future. If you realize you have missed a court date, contact a criminal defense lawyer immediately. An attorney can often arrange for you to voluntarily appear, quash the warrant, and reschedule the arraignment, minimizing additional legal trouble.

Can charges be dropped at the arraignment in Niagara County?

It is uncommon for charges to be dismissed at the arraignment itself, but the prosecution may agree to reduce or withdraw certain charges in exchange for a negotiated plea or an ACD. The arraignment is primarily a procedural hearing to advise the defendant of the charges and set release conditions. A dismissal typically happens later in the case after motions are filed or evidence is reviewed. However, if the complaint is legally defective, your lawyer can challenge it at the arraignment and ask the court to dismiss it.

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

An ACD is a New York disposition where a case is adjourned for a set period—usually six to twelve months—and automatically dismissed and sealed if the defendant stays out of trouble. It is available for many first‑time, non‑violent offenses. If the defendant completes the adjourned period without a new arrest, the charges are wiped from their record. An ACD can be requested by your attorney at or shortly after the arraignment. It is one of the most favorable outcomes because it avoids a criminal conviction entirely.

Where are arraignments held in Niagara County?

Misdemeanor arraignments are held in the local city, town, or village court where the arrest occurred, such as Lockport City Court, Niagara Falls City Court, or North Tonawanda City Court. Felony arraignments take place at the Niagara County Court, located at 175 Hawley Street in Lockport, or occasionally before a Niagara County Supreme Court justice for serious indictments. Each court follows its own calendar, and the assigned judge will handle the initial appearance. More information about Niagara County courts is available on the New York State Unified Court System website at nycourts.gov.

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 practiced criminal defense since 1997. He is admitted in New York, Virginia, Maryland, the District of Columbia, and New Jersey. Alongside the firm’s Of Counsel attorneys, Mr. Sris represents individuals facing criminal charges in Niagara County and throughout Western New York. The firm’s attorneys bring extensive experience to arraignments, bail hearings, and trials, working to protect clients’ rights from the very first court appearance. To discuss your arraignment or any criminal matter, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

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