What Is an Arraignment in New York Criminal Court?

For many people, an arraignment is their first time inside a criminal courtroom. If you have never been arrested before, it can feel frightening. This guide explains, in plain language, what actually happens, why it matters for the rest of your case, and what to expect from us along the way.

## What an arraignment really is

An arraignment is your first formal court appearance after an arrest or after receiving a desk appearance ticket. At its core, the judge is advising you of the charges against you — charges that, in most cases, you already know about from the arrest paperwork or the ticket. It is a legal formality that formally starts the case.

At arraignment, your lawyer will usually enter a plea of not guilty on your behalf. That plea does not mean anyone has decided anything about the facts. It simply preserves all of your rights and moves the case forward. An arraignment is not a trial, and the prosecution still carries the burden of proving every element of a charge beyond a reasonable doubt.

## It's normal to feel scared

We understand that this is scary. Most people walk into arraignment worried that they will have to explain themselves to the judge. In reality, the court will usually not engage with you much at all — most of the time the judge will only ask you to confirm your contact information or ask how you are doing. You have an attorney, so your attorney speaks for you. Remember that anything you say in court can be used against you, so it is best to stay quiet and let your lawyer do the talking.

## What happens in the courtroom

During a typical New York arraignment:

The charges are formally presented to you.

A plea of not guilty is entered.

The judge addresses release — whether you go home on your own recognizance, with conditions, or, in limited cases, with bail.

Orders of protection may be issued in some cases, especially domestic-related matters.

The case is adjourned to a future court date.

## Why the adjournment matters: the speedy trial clock

This is one of the most important — and least understood — parts of an arraignment. Under New York's speedy trial law (Criminal Procedure Law § 30.30), the prosecution must be ready for trial within a set time: generally six months for a felony, 90 days for a class A misdemeanor, 60 days for a class B misdemeanor and 30 days for a violation.

When you appear with an attorney, arraignment is the opportunity to have the case adjourned at the District Attorney's request. When the adjournment is for the prosecution's benefit — for example, so they can gather and turn over discovery — that time is generally counted against them for speedy trial purposes. Some periods can be excluded under the statute, so the calculation depends on the specific record, but starting the case with the clock running against the People from day one is very important. Adjournments requested by, or consented to by, the defense often do not count, which is why how the first adjournment is handled matters.

## What "discovery" means

Discovery is the evidence and information the prosecution must turn over to the defense under Criminal Procedure Law Article 245. It can include police reports, body-camera and dash-camera video, 911 recordings, witness statements, lab results, photographs and records of any statements you allegedly made. In New York, discovery is automatic — the prosecution must provide it within deadlines set by the law, without the defense having to ask. Reviewing discovery is how we learn the strengths and weaknesses of the case and begin building a defense strategy.

## What a "certificate of compliance" means

A certificate of compliance is a document the prosecution files with the court stating that it has exercised due diligence and made reasonable inquiries to locate and turn over the discovery required by law (CPL § 245.50). In general, the prosecution cannot be considered truly ready for trial until it has properly filed that certificate. If the certificate is filed before discovery is actually complete, the defense can challenge it — and that challenge can affect the speedy trial calculation. This is why we track discovery and the certificate closely from the very first court date.

## What to expect from us: communication, clarity and support

Many people who call us have never been in trouble before. They are anxious, embarrassed, or worried about their job, immigration status or family. You deserve a lawyer who treats you with respect and without judgment, and who explains things until they make sense. Here is how we approach that:

Calls are answered 24/7, because arrests do not happen on business hours.

Before your first court date, we explain what will happen, where to go, what to wear and what not to say — so nothing surprises you.

After each court date, we explain what happened, what comes next and what it means for you, in plain language. With your permission, we can keep a family member updated too.

We talk honestly about possible outcomes, including the worst-case scenario, so you can make informed decisions. We will never promise a result, because no ethical lawyer can.

Fees are discussed up front. New York requires a written engagement letter or retainer agreement for most matters, and you should understand exactly what it covers before you sign.

Questions are always welcome, and so are second opinions. A consultation should leave you clearer, not more confused, and you should never feel pressured to hire anyone on the spot.

## Common questions about arraignment

Do I have to say anything at arraignment? Generally no. The judge may ask you to confirm your contact information or how you are, but your lawyer speaks for you. Anything you say can be used against you, so stay quiet about the case. Do not discuss the facts of your case in the courtroom or hallway.

Will I go to jail at arraignment? For most misdemeanors and many felonies, New York law requires release, often without bail. Judges have more discretion for certain serious charges. Your lawyer can argue for release and the least restrictive conditions.

Why does it matter who asks for the adjournment? Because adjournments for the prosecution's benefit generally count against them under the speedy trial law, while defense-requested delays usually do not.

Can my case be dismissed at arraignment? Occasionally, but most cases are adjourned for discovery. Early, careful defense work is what positions a case for the best possible outcome later.

## Start your defense early

The arraignment sets the tone for everything that follows. If you or a loved one is facing charges in Rockland, Orange or Westchester County, call (845) 290-2492 — calls are answered 24/7. Every case is different, and prior results do not guarantee a similar outcome.

Sources: New York Criminal Procedure Law § 30.30 (speedy trial) and Article 245 (discovery, including § 245.50 certificate of compliance), available at nysenate.gov/legislation; 22 NYCRR Part 1215 (written letter of engagement).