New York City criminal court arraignments – what to expect and what to do.

What Happens at a New York City Criminal Court Arraignment?

An arraignment is often the first court appearance for someone charged with a crime in New York City. It’s a critical moment in the criminal justice process, setting the stage for how the case will proceed. Here’s what you can expect to happen during a typical NYC criminal court arraignment.

1. What Is an Arraignment?

An arraignment is a legal proceeding where a person accused of a crime is formally presented with the charges against them. It typically occurs within 24 hours of an arrest, assuming the defendant has not been released on a Desk Appearance Ticket (DAT).

2. Location and Setting

In New York City, arraignments take place in Criminal Court, located in each of the five boroughs. The most well-known is the Manhattan Criminal Court at 100 Centre Street, but each of the five boroughs has its own courtroom for arraignments. Arraignment courtrooms are busy, and cases are often heard one after another, sometimes into the late hours of the night.

3. Who Is Present?

Several key players are involved in the arraignment:

• The Judge: Presides over the arraignment and makes rulings about bail, conditions of release, and legal procedure.
• The Prosecutor (Assistant District Attorney): Presents the charges and may request bail or other conditions.
• The Defense Attorney: Represents the accused. This may be a private attorney or a public defender.
• The Defendant: The person charged with the crime.
• Court Officers: Maintain order and ensure security in the courtroom.

4. The Process Step-by-Step

a. Reading the Charges

The arraignment begins with the court informing the defendant of the charges filed against them. These are outlined in the criminal complaint, a written document that includes the alleged facts of the case.

b. Entering a Plea

The defendant enters a plea—usually “not guilty” at this early stage, regardless of the evidence or the eventual outcome. If the charge is a felony, there cannot legally be a guilty plea at a criminal court arraignment. If the charge is a misdemeanor, then it might be possible to negotiate a plea bargain disposition at the arraignment.

c. Discussion of Bail

The prosecutor and defense attorney present their positions on bail. The judge then decides whether the defendant will be:

• Released on their own recognizance (ROR)
• Released under supervision or with conditions (e.g., surrendering a passport)
• Held in jail with bail set
• Remanded without bail (in very serious cases)

New York’s bail reform laws, enacted in 2020, significantly limit when bail can be set for most non-violent offenses.

d. Setting the Next Court Date

The judge will schedule the next court appearance, which may be for a hearing, motion, or trial preparation, among other things.

5. After the Arraignment

Depending on the judge’s decision:

• If released, the defendant leaves the courtroom with a return date.
• If bail is set and paid, the defendant is released.
• If bail isn’t posted or if the defendant is remanded, they are taken to jail (usually Rikers Island) until the next court date.

6. Why Arraignments Matter

Arraignments set the tone for the case. Bail decisions can determine whether someone remains in jail for weeks or months awaiting trial. Legal strategies begin forming here, and a skilled attorney will often use the arraignment to start advocating for dismissal, diversion programs, or other outcomes. Skilled attorneys can also succeed in getting clients released on bail over the objections of prosecutors. A retained attorney is more likely to have enough time to truly prepare a bail argument with his client and/or his client’s family; public defenders are often representing dozens of individuals in the course of an arraignment shift and cannot be expected to spend as much time with each client. Furthermore, retained attorneys can sometimes persuade court officers to hear their clients’ cases sooner than they might be heard if represented by a public defender.

Final Thoughts

Although arraignments are brief—sometimes just a few minutes—they are crucial. For defendants, it’s often their first interaction with the court system. For attorneys, it’s a chance to begin shaping the path forward. And for the justice system, it’s the formal start of accountability, fairness, and due process.

Matthew Galluzzo is a former Manhattan prosecutor and experienced criminal defense attorney. As an Assistant DA, he worked dozens of late night arraignment shifts and understands the subtle dynamics of the process. As a defense attorney, he has successfully advocated for the release of hundreds of clients, whether through ROR or reasonable bail. If your loved one has been arrested and is about to be arraigned in criminal court, you should strongly consider contacting Mr. Galluzzo so that he can help secure the liberty of your loved one.