| NEW YORK ARRAIGNMENT | | | | ability to plea bargain and could result in a much |
| While some criminal defendants see the clouds | | | | harsher sentence. An experienced criminal defense |
| gathering over their heads long before the arrest, | | | | attorney has better chances to find out about the |
| most people caught in the criminal justice system had | | | | charges and advise defendant as to the best course |
| no idea that they would become defendants in a | | | | of action. |
| criminal case. In New York, the first criminal | | | | Second, many defendants are questioned by police |
| procedure arrested individuals encounter after | | | | while in custody and feel “obligated” to |
| booking is an arraignment. In this article I will touch on | | | | answer questions with extremely damaging results. |
| what New York City arraignment is and what to | | | | The fewer questions are answered without the |
| expect before, during, and after it. | | | | presence of an attorney, the better it is for the |
| | | | defendant. The key is to retain an attorney early |
| WHAT IS AN ARRAIGNMENT? | | | | enough to stop the police from questioning the |
| An arraignment is the first appearance of the | | | | defendant if possible. This could provide the best |
| defendant in court where he is informed of charges | | | | protection to a client because officers may obtain |
| filed against him, advised of the right to counsel, and | | | | potentially harmful information and evidence from the |
| provided with a copy of the accusatory document. | | | | arrested individuals before the arraignment. |
| The law requires that arraignments must be | | | | Third, presence of a privately retained counsel raises |
| conducted without unreasonable delay following the | | | | the "status" of the defendant before the court. This |
| defendant's arrest, which means within 24 hours. In | | | | may indicate that the defendant is a responsible |
| New York City, it is not unusual for the defendant to | | | | individual who cares about his case and himself |
| spend more than 24 hours in jail prior to getting to | | | | enough to obtain a lawyer. It also shows that the |
| see the judge. During this time it is often impossible | | | | defendant may have family or community roots (if |
| to get in touch with the arrested person and | | | | the attorney is retained by the family or friends who |
| relatives will not see him or her until court. | | | | are also present in the courtroom). In general, |
| Most cases never reach trial and arraignment may be | | | | retaining a counsel will provide a sense of security to |
| the most important part of the criminal proceeding | | | | worried relatives who are absolutely lost in the |
| against him, although it only will last several minutes. | | | | criminal process jungle and often cannot obtain even |
| The outcome of an arraignment will be releasing the | | | | basic information about their loved one's case. A |
| defendant, setting bail, or keeping the defendant in | | | | lawyer will personally screen the case and explain the |
| jail until further appearances. The arraignment judge | | | | process to the relatives as information is coming in. |
| has the sole authority to decide the matter of bail. | | | | Defendants who are not represented by private |
| NEW YORK ARRAIGNMENT IN SUPERIOR COURT | | | | attorneys are provided with an appointed lawyer, |
| Most NYC arrests are processed in local (as opposed | | | | usually working for one of the legal aid groups. These |
| to Superior) criminal courts. There are only two | | | | attorneys are knowledgeable and capable but they |
| ways to prosecute an offense in a superior | | | | are usually extremely busy as each is handling dozens |
| court: by an indictment filed with the court by a | | | | of cases daily, sometimes in different courtrooms. |
| grand jury and a superior court information filed with | | | | Because of their busy schedules, they are not able to |
| the court by a district attorney. The defendant must | | | | give a particular case as much attention as a private |
| be arraigned right after the district attorney files an | | | | attorney would. In practically all cases, court-staffing |
| indictment with a superior court. | | | | attorneys receive defendant's files literally |
| At an arraignment, the court will inform the | | | | immediately before the arraignment itself. However, if |
| defendant of the charges against him. The defendant | | | | the defendant has not yet been processed by the |
| has the right to be represented by counsel at the | | | | court system, the case is not assigned to an |
| arraignment and at every subsequent stage of the | | | | attorney and relatives will not receive any information |
| action. If the defendant does not have an | | | | about their loved one until the case makes its way |
| attorney at arraignment he has the right | | | | through the system, which takes long grueling |
| to adjourn the hearing to obtaining counsel, the | | | | hours. |
| right to communicate by telephone to obtain | | | | SETTING BAIL IN NEW YORK ARRAIGNMENT |
| counsel and informing a relative or friend that he has | | | | When judges decide whether to set bail in a |
| been charged with a crime, and the right to have an | | | | particular case, they consider many different factors, |
| attorney assigned by the court if the defendant is | | | | including seriousness of the charge, prior criminal |
| financially unable to hire an attorney. | | | | history, prior warrants, ties to the community, etc. |
| If the defendant wants to proceed without a | | | | “Ties to the community” is a broad term. |
| lawyer, the court will allow the defendant to do so, | | | | Any connection or factor that may reduce the flight |
| provided it is convinced that the | | | | risk or would indicate that the defendant is not a |
| defendant understands the significance of this | | | | public threat is helpful in either avoiding bail completely |
| decision. If the court is not convinced, it may not | | | | or having a reduced bail set. Among the factors to |
| proceed until the accused is furnished with an | | | | determine whether a person has sufficient ties to the |
| attorney, either of the accused's own choosing or by | | | | community are the following considerations: |
| assignment. A defendant who proceeds pro se at | | | | · Family in the community (having family and friends |
| arraignment does not waive his or her right to | | | | in the courtroom is a very good benefit) |
| counsel, and the court must advise the defendant | | | | · Citizenship |
| that he or she may exercise that right at any stage | | | | · Home ownership |
| of the action. | | | | · Employment history and status |
| WHY IT IS IMPORTANT TO HIRE A PRIVATE | | | | It is impossible to predict with any certainty the |
| ATTORNEY FOR AN ARRAIGNMENT | | | | amount of bail in a given case. There are, however, |
| Appearing with your own attorney at an arraignment | | | | many factors, which should be considered and some |
| will achieve several benefits. First, it is not unlikely in | | | | very general estimates could be produced. While in |
| New York City that police officers misinform | | | | many cases the defendant may be released on his |
| defendants as to precise nature of charges against | | | | own recognizance (ROR), in some cases bail will be |
| them. These defendants are then surprised at the | | | | set. The amount of bail depends on the seriousness |
| arraignment to find out that they are accused of | | | | of crime and the defendant’s prior criminal |
| much more serious crimes. Depending on particular | | | | history. Particular judges also have their own |
| charges, defendants may make certain procedural | | | | preferences in setting bail. |
| decisions, which would affect the entire case and if | | | | If you or your loved one is arrested in New York |
| made incorrectly, may prove disastrous in future. For | | | | City, call our New York criminal defense attorneys for |
| example, in some cases a refusal to sign certain | | | | a free phone consultation. |
| waivers will automatically deny the defendant the | | | | |