Arraignments

Usually the Arraignment will be first time a defendant appears before a judge. In New York State, anyone charged with a Misdemeanor or Felony offense will be required to be arraigned before a judge. At the arraignment the judge will formally advised the defendant what he or she has been charged with. Usually a plea of not guilty is entered by an attorney representing the defendant, or by the judge, when the defendant is appearing without an attorney. At the arraignment, the court will decide whether to release the defendant on his or her own recognizance known as ROR, or hold the defendant on bail during the pendency of the case. If bail is set, the defendant will be required to pay the bail in order to be released. At the conclusion of the case, the bail money will be returned, minus an administrative fees (usually a small percentage) providing the defendant has made all of his or her court appearances. If a defendant misses a court date, the bail may be forfeited. The court may also set a bond alternative to be paid by a bail bondsman. Other times a court will place a defendant on supervised release requiring the defendant to be monitored by the probation department during the pendency of the case. When a defendant is places into supervised release, there are often conditions set forth on the release, such as reporting to a probation officer, or attending counseling.

In addition to determining the custody status of a defendant, a judge at arraignment may issue an order of protection requiring the defendant to stay away from the complainant, as well as other parties, or to refrain from certain action, or suspend a defendants driver’s license when the charges involve alcohol related offenses or vehicle and traffic law violations.