Inside the courtroom
At arraignment, the accusatory paper is presented, you are told the charges, and a plea is entered, usually not guilty. If you cannot afford a lawyer, the court will generally assign one. The judge then decides release: release on your own recognizance, release under supervision or with conditions, or, where the law permits, bail or detention. New York's bail laws limit when bail can be set for many charges, while for others the judge weighs factors such as ties to the community and the history of returning to court. Orders of protection are often issued here, and prosecutors may serve notice of statements or identification evidence they plan to use.
Felony arraignments and the grand jury
A felony case usually begins with an arraignment on a felony complaint in a local criminal court. The prosecutor may then present the case to a grand jury, and if the defense wants you to testify there, written notice has to be served on the prosecutor before an indictment is filed, which can happen quickly, so the decision cannot wait. If an indictment follows, there is a second arraignment in the superior court, either Supreme Court or County Court depending on the county. The law also limits how long someone can be held on a felony complaint without grand jury action, and your lawyer tracks that period closely.
Preparing for it
If you have a desk appearance ticket, appear on the date on the ticket; missing it can lead to a warrant. Family members can help with release by bringing information about the person's work, address, school, and family responsibilities, along with contact details for an employer or landlord. Do not discuss the facts with anyone in the holding area or the hallway. If you are not a citizen, tell your lawyer before any plea is entered at arraignment, because even a quick plea to a minor offense can have immigration consequences.
