The New York City Arraignment Process
An arraignment is a criminal court proceeding where the defendant is brought before the court to answer the criminal charges contained in an indictment. During an arraignment no evidence is presented and defendant's guilt is not assessed. However, the judge will decide whether bail should be set, and if so, the amount. If the judge decides not to set bail, the defendant may be released on his own recognizance (ROR'd) under the condition that he or she will return to court for the next court date. If bail is set and defendant does not appear for the next court date, the city will keep the money and an arrest warrant will be issued.
The step-by-step process of an arraignment in New York City are as follows:
First, a court officer will announce the case usually by calling out the docket number and the name of the case, for instance, "People v. Jane Smith."
Second, once the case is called the defendant will come to the front of the courtroom with his lawyer by his side. The prosecutor will also be standing in the front of the courtroom off to the right or left of the defendant and his attorney. Both parties will be facing the judge.
Third, the court officer will ask defendant's attorney if he or she would like to "waive the reading" of the charges within the indictment, most New York criminal defense lawyers will agree to waive based on custom.
Fourth, the judge will then review the file and then request that the prosecutor provide certain "notices" which are required by law or custom during an arraignment. These notices vary greatly. The defendant's attorney may submit a "cross" notice in response. The most common forms of notices submitted by the prosecution are as follows:
§710.30(1)(a) – this notice states that the defendant made a statement sometime in between arrest and arraignment and the prosecutor intends to use it at trial.
§710.30(1)(b) – this notice states that an identification procedure was conducted by the police as part of their investigation of the case. For instance, a line up, where the victim is asked to identify the person responsible for the crime while standing in another room and viewing the potential suspects through a two-way surveillance mirror. The prosecutor is required to inform defense counsel of the use of any identification procedure so that defense counsel has the opportunity to assess the fairness of the procedure.
§190.50 – means that the case is a felony and will be presented before a Grand Jury. Defense counsel will most likely reserve his client's right to testify before the jury by serving a "cross 195" notice.
§450.10 – states that a property release notice is being served. Property that was recovered will be released to the owner. Defense attorney must quickly inspect the property or waive the right to do so. This notice usually comes into play in cases involving theft.
Fifth, after these notices are filed, the prosecutor will make an argument regarding bail, whether or not it should be set and if so, for how much. The prosecutor will provide a brief explanation as to why bail should be denied or set at a certain amount based on its description of the case.
Sixth, defense counsel will then have an opportunity to retort by requesting that defendant to be ROR'd or that bail be set at an amount more affordable to the defendant.
Seventh, the judge will make a decision of whether to release defendant of his own recognizance, deny bail or set bail at a specific amount.
Eighth, if bail is set, the police will take the defendant back to the detention area (aka "the pens") somewhere within the courthouse until bail is posted. If defendant makes bail then he will be released and he will be able to leave the courthouse usually after receiving some paperwork (e.g. order of protection) and a notice for the next court date.
For some minor offenses, after the arraignment the prosecutor and the defense attorney will negotiate a deal. If a loved one has been arrested for a crime and is being arraigned, if you can afford to do so, hire an attorney. Having an attorney represent you at an arraignment is very important because what happens at an arraignment may have an impact on the outcome of your case.
If a loved one has been arrested for a crime in New York City, Westchester, Nassau or Suffolk County contact Koenig Pierre, a Brooklyn criminal lawyer and Brooklyn DWI Lawyer.
The step-by-step process of an arraignment in New York City are as follows:
First, a court officer will announce the case usually by calling out the docket number and the name of the case, for instance, "People v. Jane Smith."
Second, once the case is called the defendant will come to the front of the courtroom with his lawyer by his side. The prosecutor will also be standing in the front of the courtroom off to the right or left of the defendant and his attorney. Both parties will be facing the judge.
Third, the court officer will ask defendant's attorney if he or she would like to "waive the reading" of the charges within the indictment, most New York criminal defense lawyers will agree to waive based on custom.
Fourth, the judge will then review the file and then request that the prosecutor provide certain "notices" which are required by law or custom during an arraignment. These notices vary greatly. The defendant's attorney may submit a "cross" notice in response. The most common forms of notices submitted by the prosecution are as follows:
§710.30(1)(a) – this notice states that the defendant made a statement sometime in between arrest and arraignment and the prosecutor intends to use it at trial.
§710.30(1)(b) – this notice states that an identification procedure was conducted by the police as part of their investigation of the case. For instance, a line up, where the victim is asked to identify the person responsible for the crime while standing in another room and viewing the potential suspects through a two-way surveillance mirror. The prosecutor is required to inform defense counsel of the use of any identification procedure so that defense counsel has the opportunity to assess the fairness of the procedure.
§190.50 – means that the case is a felony and will be presented before a Grand Jury. Defense counsel will most likely reserve his client's right to testify before the jury by serving a "cross 195" notice.
§450.10 – states that a property release notice is being served. Property that was recovered will be released to the owner. Defense attorney must quickly inspect the property or waive the right to do so. This notice usually comes into play in cases involving theft.
Fifth, after these notices are filed, the prosecutor will make an argument regarding bail, whether or not it should be set and if so, for how much. The prosecutor will provide a brief explanation as to why bail should be denied or set at a certain amount based on its description of the case.
Sixth, defense counsel will then have an opportunity to retort by requesting that defendant to be ROR'd or that bail be set at an amount more affordable to the defendant.
Seventh, the judge will make a decision of whether to release defendant of his own recognizance, deny bail or set bail at a specific amount.
Eighth, if bail is set, the police will take the defendant back to the detention area (aka "the pens") somewhere within the courthouse until bail is posted. If defendant makes bail then he will be released and he will be able to leave the courthouse usually after receiving some paperwork (e.g. order of protection) and a notice for the next court date.
For some minor offenses, after the arraignment the prosecutor and the defense attorney will negotiate a deal. If a loved one has been arrested for a crime and is being arraigned, if you can afford to do so, hire an attorney. Having an attorney represent you at an arraignment is very important because what happens at an arraignment may have an impact on the outcome of your case.
If a loved one has been arrested for a crime in New York City, Westchester, Nassau or Suffolk County contact Koenig Pierre, a Brooklyn criminal lawyer and Brooklyn DWI Lawyer.
