Arraignment
An arraignment in New York typically occurs within 24-72 hours of the defendant’s arrest. N.Y. Crim. Proc. Law §140.20. The primary purpose of this initial court appearance is to inform the defendant of the formal charges filed against them. It is also at this stage that the defendant of the formal charges filed against them. It is also at this stage that the defendant. will first have the opportunity to enter a plea: guilty, not guilty, or, in some cases, no contest.
Charges Announcement
The court formally presents the defendant with the accusations they face. It is essential for the defendant to comprehend these charges, as they constitute the foundation of the upcoming legal process.
Right to legal representation
If the defendant has not yet secured an experienced New York criminal lawyer, the court will notify them of their right to a legal advocate. Should they be unable to afford a private attorney, the court will assign a public defender or legal aid lawyer to represent them.
Bail Determination
A crucial part of the arraignment process is setting bail. The judge will decide if the defendant can be released on bail while awaiting trial and, if so, what the bail amount will be. This decision is based on factors such as the seriousness of the crime, the defendant’s criminal record, connections to the community, and flight risk. For instance, in State ex rel. Hose v. Molina 2024 N.Y. Slip Op. 24104 (N.Y. Sup. Ct. 2024), during the defendant’s arraignment, the court set bail at $25,000 cash, $75,000 insurance company bond, and a $75,000 partially secured bond.
Scheduling Future Court Dates
The Judge will establish a timeline for upcoming proceedings, such as pre-trial motions, hearings, and the trial. It’s crucial for the defendant to keep track of these dates and stay in touch with their criminal attorney in New York about their case.
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.