What happens at a criminal arraignment in Albany County

If you or a loved one has been arrested in Albany County, the first court proceeding is typically an arraignment. This is the formal reading of the charges and the point at which you enter a plea. For many people, an arraignment is the first time they see a judge and learn the specific allegations against them. It is also the stage where decisions about release, bail, and future court dates are made. The process can feel overwhelming, but knowing what to expect can help you approach it calmly. Law Offices Of SRIS, P.C. represents clients in Albany County criminal matters. To discuss your case and the next steps, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Last reviewed: July 2026

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Understanding the Arraignment Process in Albany County

In Albany County, criminal arraignments follow the procedures set out in New York’s Criminal Procedure Law (CPL). The court that handles the arraignment depends on the severity of the charge:

Misdemeanors and violations – Generally heard in the local criminal court where the offense occurred, such as the City Court of Albany, the Town Court of Colonie, or another town or village court.
Felonies – Arraigned in the Albany County Court (which also sits as Supreme Court Criminal Term). A felony arraignment may be conducted at 16 Eagle Street in Albany.

At the start of the proceeding, the clerk or judge reads the charges aloud. The defendant is then asked to enter a plea: guilty, not guilty, or, in limited circumstances, no contest. If the defendant does not have an attorney, the court will inquire about the defendant’s ability to hire private counsel and may assign counsel through the public defender’s office or the 18-b panel if the defendant is financially eligible.

After the plea, the court addresses bail or release conditions. New York’s bail reform laws (effective January 2020) eliminated cash bail for most misdemeanors and non-violent felonies. In many cases, defendants are released on their own recognizance. For qualifying violent felonies or certain offenses where the statute still permits bail, the judge may set monetary conditions or impose non-monetary conditions such as supervised release.

Finally, the court schedules future dates—typically for discovery, motions, or trial—and the defendant is given written notice of the next appearance. The timeline of the case will depend on the complexity of the charges, plea negotiations, and the court’s calendar.

Frequently Asked Questions

What is an arraignment?

An arraignment is the first formal court hearing after an arrest, where the defendant is informed of the charges and enters a plea. The judge ensures the defendant understands the right to counsel and addresses release conditions. In Albany County, this occurs in the local criminal court for misdemeanors or in County Court for felonies. The arraignment sets the procedural framework for the entire case.

What happens at an arraignment in Albany County?

At an Albany County arraignment, the court reads the charges, the defendant enters a plea, and the judge determines bail or release status. For Albany County misdemeanors, this happens in the city, town, or village court where the arrest occurred. Felony arraignments take place in Albany County Court. Defendants are advised of their right to an attorney, and the next court date is set. The proceeding is typically brief but sets critical deadlines.

Do I need a lawyer at arraignment?

Having a lawyer at arraignment is important because arguments about bail, release conditions, and even the continuation of a plea can be made immediately. An experienced criminal defense attorney can advocate for release on recognizance, challenge the prosecution’s bail request, and begin laying the groundwork for the defense. If you do not have an attorney, the court will ask if you want one appointed. But private counsel, retained before the hearing, can appear at the very start to protect your interests.

What should I plead at arraignment?

In almost all cases, the appropriate plea at arraignment is “not guilty.” Pleading guilty at this early stage—without reviewing the evidence or negotiating with the prosecutor—can result in a conviction that carries serious consequences. A not-guilty plea preserves all your rights and gives your attorney time to investigate, file motions, and work toward a favorable resolution, whether that means a dismissal, a reduction, or a trial.

What happens after I plead not guilty?

After a not-guilty plea, the court schedules a future date for discovery, motion practice, or trial. In Albany County misdemeanor cases, the next appearance is typically a pre-trial conference or hearing. For felonies, the case may proceed to a preliminary hearing or directly to grand jury action. Your attorney will receive the police reports and evidence, analyze them, and discuss possible strategies, including plea negotiations or pretrial motions.

How is bail determined in Albany County after arraignment?

Under New York’s bail reform, cash bail is eliminated for most misdemeanors and non-violent felonies, so many defendants are released without bail. For charges still eligible for bail (including certain violent felonies and offenses involving domestic violence, sex crimes, or witness intimidation), the judge considers factors such as the defendant’s ties to the community, criminal history, and the alleged crime. The court may set monetary bail, impose supervised release, or add protective conditions.

Can an arraignment be waived?

An arraignment cannot be waived in New York—the defendant must appear before a judge to be formally advised of the charges. However, an attorney can enter an appearance on the defendant’s behalf and, in some instances, the defendant’s physical presence may be excused for certain minor violations if the court agrees. For serious misdemeanors and all felonies, personal appearance is mandatory unless counsel has obtained a prior waiver from the judge.

What if I miss my arraignment?

Missing an arraignment can result in a bench warrant being issued for your arrest. The court takes non-appearance seriously. If you have a scheduled arraignment and cannot attend due to a genuine emergency, contact your attorney immediately. They may be able to request an adjournment from the court. In Albany County, the judge may also send a notice to your last known address before taking the warrant step, but you should never rely on that.

Can charges be dropped at arraignment?

Charges are very rarely dismissed outright at arraignment, because the prosecution has only just presented the complaint. However, if there is a clear legal defect—such as a charge that does not state a crime, or a jurisdictional error—your attorney can raise the issue immediately. In most cases, the arraignment is not the stage for dismissing charges; rather, it starts the formal legal process that leads to a later disposition through motion practice, plea, or trial.

What should I wear to court?

Dress in clean, conservative clothing that shows respect for the court. Avoid shorts, hats, tank tops, clothing with offensive language, or anything that projects disrespect. Business-casual attire—slacks, a collared shirt, a blouse, or a modest dress—is appropriate. Your appearance can influence the judge’s initial impression, particularly when release conditions are being considered.

Is the arraignment a public proceeding?

Yes, arraignments in Albany County are open to the public. Family members and friends may attend. However, certain details concerning minors or sensitive cases may be kept confidential. The courtroom is typically a formal environment with a judge, prosecutor, court clerk, and often police officers. The public nature of the proceeding reflects the constitutional guarantee of an open judicial process.

How long after arrest is the arraignment?

New York law requires that an arraignment be conducted “without unnecessary delay.” For misdemeanor arrests where a desk appearance ticket is issued, the arraignment may be scheduled several weeks later. For custodial arrests, the defendant is usually brought before a judge within 24 hours, excluding weekends and holidays. In Albany County, night and weekend arrestees are typically arraigned the next business day.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., established the firm in 1997. He is a former prosecutor who now represents individuals in criminal matters. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and has handled criminal-defense cases across multiple jurisdictions.

Mr. Sris and his Of Counsel bring experience representing clients in Albany County criminal courts. The Of Counsel attorneys work collaboratively on case preparation and strategy. The firm’s New York location serves clients throughout the Capital District. To discuss an arraignment or any pending criminal matter, call (888) 437-7747.

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Practicing since 1997

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