Arraignments
Posted by Thomas A. Tormey, Jr., July 29, 2020
What is an arraignment?
An arraignment (pronounced “a-RAIN-ment) is the first, formal step in the legal process after a person has been arrested. It is the first appearance before a judge or magistrate and it is the first time that the accused person will be formally advised of the charges against them.
What happens at an arraignment?
In New York, most arraignments follow the same procedure, although different counties and different courts might differ a little in what happens and when it happens.
In most cases, an arraignment happens like this:
Your name will be called along with your docket number.
You will have to go to the front of the courtroom and stand before the judge.
The court will “read” the charges that have been brought against you as well as the rights that protect you.
Please Note: Most of the time the court will ask your lawyer if they will “waive the reading of the rights and charges.” Most of the time, the lawyer will agree to “waive the reading.” This means, the lawyer tells the judge not to read the rights and charges. This saves everybody a lot of time and trouble. It speeds up the process and gets you out of the courtroom a lot faster. Importantly, it doesn’t affect your rights at all. It also makes the judge and the court officers a lot happier which is always a good thing.
You, now called “the defendant,” will be asked how you plead.
You will plead “Not Guilty” no matter what the evidence is against you.
The prosecutor will sometimes give you, your attorney, and the court various “Notices” such as Statement Notice, Identification Notice, etc.
In some cases, your attorney will ask the court to dismiss the charges, if he or she believes that the facts set forth in the complaint are insufficient to support the charges, as a matter of law.
The Court will decide whether Bail should be set after hearing from the prosecutor and your attorney
Please Note: Due to recent changes in the law, most people will be released at arraignments without bail. There are, of course, exceptions. If you want to learn more about bail and when it is set by the court, look at Section 510.10 of the New York Criminal Procedure Law.
At the end of the arraignment, the court will set a date when the parties have to return to court. The court will also tell the parties the court part where they must appear.
If no bail is set, the defendant is released and is free to go. If bail is set, the defendant will be held in custody until bail is posted.
Should I have a lawyer represent me at the arraignment?
Yes.
In most cases, the court will not arraign a defendant without a lawyer. If you cannot afford a lawyer, or if you do not have a lawyer available at the time of the arraignment, the court will appoint a lawyer to represent you. You are entitled to a lawyer under the Constitution of the United States.
If the court is going to appoint a lawyer to represent me, why should I hire a lawyer that I have to pay for with my own money?
There are a number of reasons why you should hire your own lawyer, if you are able.
Your own private lawyer, may be able to get your case called sooner than a court appointed lawyer and you will be finished with the whole process a lot sooner.
If you hire your own lawyer, you get to pick the lawyer that you want standing up for your in court. With court appointed lawyers, you have no say in who is going to represent you and the lawyer could be very good, or not so good. It’s the luck of the draw. You want a lawyer who is a well respected and experienced criminal attorney standing up for you and arguing on your behalf. You can get that if you hire your own lawyer. You will get that if you hire Mr. Tormey
Your own private lawyer will begin working on your case immediately, giving you the best chance for the best result.
Give yourself the best chance for the best result. Call Tom Tormey now.
© Thomas A. Tormey, Jr., - July 29, 2020
