What to expect at an arraignment in New York City Criminal Courts
What follows is a brief explanation of the arraignment process
. It is not legal advice. Consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your situation. Viewing this guide does not create an attorney client relationship.
1. What an arraignment is not.
An arraignment is not trial. An arraignment is not an evidentiary hearing. Witnesses are not called at an arraignment, nor is evidence received by the court. Neither a Judge nor a Jury will decide guilt or innocence at an arraignment. However, plea agreements are often made at this time, some of which result in an admission of guilt by the accused. (See Section 4)
2. What an arraignment is.
An arraignment is a court proceeding where the accused is informed of the specific charges against him. Additionally, a determination will be made as to whether the accused will be ROR (released on his own recognizance), whether bail will be set (and if so how much) or weather the accused will be held without bail.
3. The calling of the case...
The case is called by an announcement of the docket number and the name of the accused. The accused will then stand in a designated space in front of the judge and next to his attorney. Typically, the attorney for the accused will be asked whether he "waives the reading". Although, the accused is entitled to have the accusations read aloud at that point, such a reading is rarely requested.
4. Plea Bargain
In some instances an accused may be offered a deal which would conclude the proceedings at that point. This could include an agreement whereby the accused agrees to plead guilty to one or more charges in full satisfaction of the charges made against him. In exchange, certain charges may be withdrawn or dismissed and/or the accused may obtain a favorable sentencing recommendation. Another disposition that is sometimes entered at arraignment, particularly where allegations are less serious is an ACD (Adjournment in Contemplation of Dismissal). Under an ACD, the matter is adjourned for a period of time (often 6 months). Certain terms and conditions are set forth that the accused must comply with during that period. If those terms and conditions are complied with, when the ACD period expires the case is dismissed. It is strongly recommended to consult with an experienced attorney who is familiar with the facts and circumstances of the case before considering any plea agreement.
5. Notices
If a plea agreement or "disposition" is not reached, the prosecutor may then announce that he is providing "notices". These notices are information regarding evidence that might exist, which pertains to the allegations. Examples of such notices include: Notice of an accused's statement, Notice of an identification procedure such as a "line up", Grand Jury Notice (notice that the prosecutor intends to present the matter to a Grand Jury and seek a Felony indictment) and so forth. In the event that Grand Jury Notice is served, defense attorneys often serve Cross Grand Jury Notice on the Prosecutor. Such notice reserves the accused's right to testify before the Grand Jury.
6. Release, Bail or Remand?
Finally, the issue of bail will be addressed. If the prosecutor requests bail be set, both sides will have an opportunity to argue their position as to whether or not bail should be set, and if so at what amount. The judge will then make a determination and the accused will either be released and instructed to return at a later date for further proceedings, held until bail is posted or if bail is denied, remanded (held in jail) until the case is disposed of. Finally, an adjourn date will be set at which time the proceedings will continue. If an accused is released, there may be some sort of paperwork or an order of protection that he must wait for before exiting the courtroom.
THE INFORMATION CONTAINED HEREIN IS NOT LEGAL ADVICE. It is provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Reading this article does not create an attorney-client relationship or otherwise require further consultation. Attorney Advertising.
What to expect at an arraignment in New York City Criminal Courts
By: New York Courts FAQ
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