While some criminal defendants see the clouds gathering over their heads long before the arrest, most people caught in the criminal justice system had no idea that they would become defendants in a criminal case. In New York, the first criminal procedure arrested individuals encounter after booking is an arraignment. In this article I will touch on what New York City arraignment is and what to expect before, during, and after it.



WHAT IS AN ARRAIGNMENT? An arraignment is the first appearance of the defendant in court where he is informed of charges filed against him, advised of the right to counsel, and provided with a copy of the accusatory document. The law requires that arraignments must be conducted without unreasonable delay following the defendant's arrest, which means within 24 hours. In New York City, it is not unusual for the defendant to spend more than 24 hours in jail prior to getting to see the judge. During this time it is often impossible to get in touch with the arrested person and relatives will not see him or her until court. Most cases never reach trial and arraignment may be the most important part of the criminal proceeding against him, although it only will last several minutes. The outcome of an arraignment will be releasing the defendant, setting bail, or keeping the defendant in jail until further appearances. The arraignment judge has the sole authority to decide the matter of bail.

NEW YORK ARRAIGNMENT IN SUPERIOR COURT

Most NYC arrests are processed in local (as opposed to Superior) criminal courts. There are only two ways to prosecute an offense in a superior court: by an indictment filed with the court by a grand jury and a superior court information filed with the court by a district attorney. The defendant must be arraigned right after the district attorney files an indictment with a superior court.

At an arraignment, the court will inform the defendant of the charges against him. The defendant has the right to be represented by counsel at the arraignment and at every subsequent stage of the action. If the defendant does not have an attorney at arraignment he has the right to adjourn the hearing to obtaining counsel, the right to communicate by telephone to obtain counsel and informing a relative or friend that he has been charged with a crime, and the right to have an attorney assigned by the court if the defendant is financially unable to hire an attorney.

If the defendant wants to proceed without a lawyer, the court will allow the defendant to do so, provided it is convinced that the defendant understands the significance of this decision. If the court is not convinced, it may not proceed until the accused is furnished with an attorney, either of the accused's own choosing or by assignment. A defendant who proceeds pro se at arraignment does not waive his or her right to counsel, and the court must advise the defendant that he or she may exercise that right at any stage of the action.

WHY IT IS IMPORTANT TO HIRE A PRIVATE ATTORNEY FOR AN ARRAIGNMENT Appearing with your own attorney at an arraignment will achieve several benefits. First, it is not unlikely in New York City that police officers misinform defendants as to precise nature of charges against them. These defendants are then surprised at the arraignment to find out that they are accused of much more serious crimes. Depending on particular charges, defendants may make certain procedural decisions, which would affect the entire case and if made incorrectly, may prove disastrous in future. For example, in some cases a refusal to sign certain waivers will automatically deny the defendant the ability to plea bargain and could result in a much harsher sentence. An experienced criminal defense attorney has better chances to find out about the charges and advise defendant as to the best course of action. Second, many defendants are questioned by police while in custody and feel "obligated" to answer questions with extremely damaging results. The fewer questions are answered without the presence of an attorney, the better it is for the defendant. The key is to retain an attorney early enough to stop the police from questioning the defendant if possible. This could provide the best protection to a client because officers may obtain potentially harmful information and evidence from the arrested individuals before the arraignment. Third, presence of a privately retained counsel raises the "status" of the defendant before the court. This may indicate that the defendant is a responsible individual who cares about his case and himself enough to obtain a lawyer. It also shows that the defendant may have family or community roots (if the attorney is retained by the family or friends who are also present in the courtroom). In general, retaining a counsel will provide a sense of security to worried relatives who are absolutely lost in the criminal process jungle and often cannot obtain even basic information about their loved one's case. A lawyer will personally screen the case and explain the process to the relatives as information is coming in. Defendants who are not represented by private attorneys are provided with an appointed lawyer, usually working for one of the legal aid groups. These attorneys are knowledgeable and capable but they are usually extremely busy as each is handling dozens of cases daily, sometimes in different courtrooms. Because of their busy schedules, they are not able to give a particular case as much attention as a private attorney would. In practically all cases, court-staffing attorneys receive defendant's files literally immediately before the arraignment itself. However, if the defendant has not yet been processed by the court system, the case is not assigned to an attorney and relatives will not receive any information about their loved one until the case makes its way through the system, which takes long grueling hours.

SETTING BAIL IN NEW YORK ARRAIGNMENT

When judges decide whether to set bail in a particular case, they consider many different factors, including seriousness of the charge, prior criminal history, prior warrants, ties to the community, etc. "Ties to the community" is a broad term. Any connection or factor that may reduce the flight risk or would indicate that the defendant is not a public threat is helpful in either avoiding bail completely or having a reduced bail set. Among the factors to determine whether a person has sufficient ties to the community are the following considerations: - Family in the community (having family and friends in the courtroom is a very good benefit) - Citizenship - Home ownership - Employment history and status

It is impossible to predict with any certainty the amount of bail in a given case. There are, however, many factors, which should be considered and some very general estimates could be produced. While in many cases the defendant may be released on his own recognizance (ROR), in some cases bail will be set. The amount of bail depends on the seriousness of crime and the defendant's prior criminal history. Particular judges also have their own preferences in setting bail. If you or your loved one is arrested in New York City, call our New York criminal defense attorneys for a free phone consultation.