What Happens at an Arraignment in NYC Criminal Court?

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By Jeffery Greco

Anyone who’s ever been arrested in New York City may agree that the hours following the arrest are often a blur of confusion and anxiety. If you or a loved one end up in this situation, you may be wondering, “What happens at an arraignment in NYC Criminal Court?”

The legal landscape in New York continues to evolve under recent legislative shifts. This makes it more important than ever to understand what goes on at your first appearance before a judge. This initial hearing is the pivot point of a criminal case. Here, your charges are officially read, and bail is considered, ultimately paving the way for your defense to begin.

Depend on Greco Neyland, PC, for Defense

Trying to go through this process without professional guidance is a significant risk. You must hire a criminal procedure lawyer who understands the specific nuances of the five boroughs’ court systems so that your rights have the protection they deserve from the very start.

Look no further than Greco Neyland, PC, for the advocacy you deserve in such an uncertain moment. Our firm is known for providing aggressive, thorough defense of people charged with crimes.

It doesn’t matter what the crime is, as the criminal defense lawyers at this office have the required trial experience needed to take on defense matters of all kinds. Plus, our lawyers bring a unique insight to each case, as they’re former criminal prosecutors. This allows us to anticipate the strategies the prosecution will use against defendants and build a strong defense that destroys its credibility.

The 24-Hour Timeline: Arrest to Arraignment

In 2025, there were 126,704 people arrested in New York City and prosecuted. The goal of the justice system here is to bring a defendant before a judge within 24 hours of their arrest. During this window, your fingerprints and photo will be processed, and the NYC Criminal Justice Agency may interview you.

The CJA plays a vital role in your arraignment. It conducts a pre-trial assessment to determine how likely you are to reappear in court if you’re released into the community before your trial. Its findings, especially in cases where it decides you’re not a flight risk, can heavily influence whether a judge decides to release you on your own recognizance or set bail.

If you get recommended for release on your own recognizance, you’re in good company. Between 2022 and 2023, CJA administered its pre-trial assessment in 211,218 prosecuted criminal cases. In these cases, 85% were recommended for release on recognizance.

Each Step of What Happens During the Hearing

If you live in New York County, your criminal case will likely be heard at the New York City Criminal Court on 100 Centre Street in Manhattan. The arraignment itself is often brief, sometimes lasting only a few minutes, but every word spoken is part of the official record.

  • Reading Of The Charges: The assistant district attorney will present the “Complaint,” which is the document outlining the specific crimes you are accused of committing.
  • The Entry of a Plea: This is the formal moment where you answer to the charges. It’s common for attorneys to advise clients to plead “Not Guilty,” even if there is evidence against them. This preserves your right to discovery and allows your legal team time to investigate.
  • The Determination of Release or Bail: This is the most contentious part of the arraignment. Under New York’s bail laws, the judge can either release defendants on recognizance, release them with rules on check-ins or travel restrictions, or set a financial amount for release. In extreme cases, they can order you held without bail.

Why You Must Hire a Criminal Procedure Lawyer

The decisions made at an arraignment can affect the rest of your life. A judge’s decision to set high bail can mean spending months in a facility like Rikers Island while awaiting trial.

A seasoned NYC criminal procedure attorney does more than just stand next to you. They argue against the assistant district attorney’s requests for high bail, point out any flaws in the CJA’s assessment, and may even be able to negotiate for dismissal or lesser charges on the spot if the complaint against you is legally insufficient.

FAQs

What Happens After an Arraignment for a Felony in New York?

After an arraignment for a felony in New York, the case typically moves toward a grand jury. The prosecution has 120 hours to present evidence to a grand jury to secure an indictment. This becomes 144 hours if a weekend is involved. If they fail to do this and you are in custody, you may be eligible for release under CPL 180.80.

Do You Always Go to Jail at an Arraignment in New York?

No, you don’t always go to jail at an arraignment in New York. Thanks to New York’s bail reform laws, many defendants are released on their own recognizance or under supervision. However, jail is a distinct possibility for certain serious or violent crime charges. For bail-eligible cases, the judge weighs the CJA’s assessment before setting release.

Do Cases Ever Get Dismissed at an Arraignment in New York?

It is possible for cases to get dismissed at an arraignment in New York, although it is rare. If the charging document doesn’t constitute a crime, even if everything the police say happened is true, your lawyer can move for an immediate dismissal. This is why having an experienced, knowledgeable NYC criminal procedure attorney is vital.

What Is a Common Plea at an Arraignment?

A “not guilty” plea is a common plea at an arraignment. This is a procedural necessity that lets the legal process move forward into the discovery and negotiation phases. Pleading not guilty gives your legal team the chance to review all the evidence against you and prepare a proper defense.

Move Forward With Confidence

The arraignment isn’t the end of your case. It’s actually the beginning of your defense. Still, protections for defendants’ rights, like the Marvin Mayfield Act, which aims to reduce coercive pleas, are only effective if you have a criminal defense lawyer who knows how to apply them.

If you’re facing the NYC criminal court system, don’t leave your freedom to chance. Contact Greco Neyland, PC, for an advocate who can navigate the complexities of NYC criminal procedure.

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About The Author

Jeffery Greco

Jeffery Greco is an attorney providing legal services covering Criminal Defense and Criminal Defense: White Collar and Criminal Defense: DUI / DWI. Jeffery Greco, who practices law in New York, New York, was selected to Super Lawyers for 2020 - 2023. This peer designation is awarded only to a select number of accomplished attorneys in each state. The Super Lawyers selection process takes into account peer recognition, professional achievement in legal practice, and other cogent factors. Prior to becoming an attorney, he studied at South Texas College of Law Houston. He graduated in 2004. After passing the bar exam, he was admitted to legal practice in 2005.

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