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.

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