What happens at a criminal arraignment in Livingston County
An arraignment is the first court appearance after an arrest, where a judge formally tells the defendant what charges have been filed, the defendant enters a plea, and the judge decides on pretrial release. In Livingston County, misdemeanor arraignments take place in the local criminal court, while felony arraignments occur in Livingston County Supreme Court. Most defendants are released after the arraignment—New York’s 2020 bail reform eliminated cash bail for the majority of misdemeanors and non‑violent felonies. At the hearing, the defendant hears the charges, may be offered an attorney if they cannot afford one, and enters a plea of guilty, not guilty, or no contest. The court then sets future dates and addresses release conditions. Mr. Sris and his Of Counsel represent clients at arraignments throughout the Finger Lakes region, including Geneseo, Dansville, Mount Morris, and other communities in Livingston County. To discuss your case, reach Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
The arraignment step by step in Livingston County
After an arrest in Livingston County, the defendant appears before a judge within 24 hours for the arraignment. The judge reads the charges aloud and confirms the defendant understands them. The defendant then enters a plea. With an attorney present, the most common plea at this stage is not guilty, which preserves all legal options while the defense investigates the evidence and negotiates. If the defendant cannot afford a lawyer, the court will assign counsel from the 18‑b panel or Legal Aid. For many first‑time charges, the court may discuss the possibility of an Adjournment in Contemplation of Dismissal (ACD)—a New York mechanism where the charge is held for a period (typically six to twelve months) and then dismissed if the defendant stays out of trouble. Bail is addressed next. Under New York’s 2020 bail reform, cash bail is no longer set for most misdemeanors and non‑violent felonies; release on the defendant’s own recognizance is now the default. However, bail may still be required for violent felonies and certain qualifying offenses. The judge also sets the schedule for future court sessions—discovery, motion practice, and possible trial dates.
Livingston County Supreme Court hours: Monday–Friday, 9:00 a.m.–5:00 p.m. Counsel appearing on criminal matters should plan filings accordingly.
Frequently asked questions about criminal arraignments in Livingston County
What happens after an arrest in Livingston County?
After an arrest, the defendant is taken to the local criminal court for an arraignment usually within 24 hours. At that hearing the judge will formally inform the defendant of the charges, determine whether the defendant qualifies for assigned counsel, and decide on pretrial release. For felonies, the case will then proceed to a preliminary hearing or be presented to a grand jury in Livingston County Supreme Court. The post‑arraignment process involves discovery exchanges, motion hearings, and potential plea negotiations. If you are arrested in Livingston County, ask to speak with an attorney before you answer any questions.
Do I need a lawyer at my arraignment in Livingston County?
Yes, you have the right to be represented by a lawyer at the arraignment and it is strongly advisable to exercise that right. An attorney can argue for release on your own recognizance, challenge any bail request by the prosecutor, and enter a plea that protects your ability to defend the case. If you cannot afford a private attorney, the court will assign you a public defender or 18‑b counsel. Having a lawyer at the first appearance can shape the entire course of the case. To consult with an experienced criminal defense attorney, call (888) 437‑7747.
What pleas can I enter at a criminal arraignment in New York?
In New York, a defendant may plead guilty, not guilty, or no contest (nolo contendere). A not‑guilty plea is the most protective choice at an arraignment; it does not mean the defendant claims innocence, only that the prosecution must prove its case. A guilty plea results in immediate sentencing or a future sentencing date, and a no‑contest plea carries the same effect as a guilty plea but cannot be used as an admission in a civil lawsuit. A defendant may also stand mute, in which the court enters a not‑guilty plea on their behalf. Your attorney will advise the trusted plea for your situation.
How does bail work at a Livingston County arraignment?
Under New York’s 2020 bail reform, most misdemeanor and non‑violent felony charges do not qualify for cash bail, and defendants are released on their own recognizance. The court may still impose non‑monetary conditions such as monitoring or an order of protection. Bail can still be set for violent felonies, certain sex offenses, domestic violence charges when aggravating factors exist, and cases involving an alleged risk of flight. At the arraignment, defense counsel can present arguments for release, point out ties to the community, and request the least restrictive conditions possible.
What is an Adjournment in Contemplation of Dismissal (ACD)?
An ACD is a New York procedural option that allows a charge to be put on hold for a period of time—often six or twelve months—and then automatically dismissed and sealed if the defendant avoids new arrests during that period. ACDs are commonly offered for first‑time offenses, particularly misdemeanors and low‑level violations. If the defendant fulfills the court’s conditions, the matter ends without a conviction. If a new arrest occurs, the case can be reopened and prosecuted. An attorney can ask the court for an ACD at the arraignment or soon afterward.
What if I miss my arraignment in Livingston County?
Missing a scheduled arraignment will result in the judge issuing a bench warrant for your arrest. Once a warrant is issued, law enforcement can arrest you at any time, and you may be held until a new arraignment takes place. The court may also impose higher bail or additional restrictions. If an emergency prevented your appearance, contact your attorney immediately; they may be able to move to vacate the bench warrant and schedule a new hearing without prolonged detention.
How does a felony arraignment differ from a misdemeanor arraignment in Livingston County?
In Livingston County, a felony arraignment differs from a misdemeanor one primarily in court location and procedure. Misdemeanor and violation‑level offenses are arraigned in the local criminal court; felonies are arraigned in Livingston County Supreme Court. A felony defendant has a right to a preliminary hearing unless the case is presented to a grand jury first. Bail determinations for felonies may be more complex, and the prosecutor may request detention. The timeline from arraignment to trial is generally longer for felonies, and the discovery obligations are broader.
Can charges be dismissed at the arraignment?
Charges can be dismissed at an arraignment if there is a legal defect—such as an improperly drafted accusatory instrument or a facing‑tolling issue—but outright dismissal is rare. More commonly, the arraignment is the starting point for building a defense that may later lead to a dismissal through motion practice or an ACD. An experienced criminal defense lawyer reviews the paperwork immediately to spot any fatal flaws that can be raised at the first appearance.
What should I bring to my arraignment in Livingston County?
Bring a valid government‑issued photo ID, any bail money if cash bail has already been discussed, and a means of taking notes. If you have hired a private attorney, bring their contact information. Do not bring weapons, non‑essential valuables, or individuals not directly involved in your case. Dress in a manner that is respectful to the court—business‑casual attire is appropriate. Arriving on time and prepared for a potentially lengthy session helps maintain a favorable impression with the court.
What is the role of the prosecutor at the arraignment?
The assistant district attorney representing Livingston County informs the judge of the charges, the factual allegations supporting them, and any recommended bail or release conditions. The prosecutor may also provide a summary of the evidence, note the defendant’s criminal history (if any), and state whether they intend to pursue a particular sentence. The prosecutor may agree to an ACD or offer a plea during the arraignment for minor offenses. Defense counsel responds and can challenge the People’s factual recitation.
About Mr. Sris and his Of Counsel team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor. He personally oversees the firm’s criminal defense practice and appears in many matters alongside his Of Counsel—a team of experienced attorneys who are not firm employees but work collaboratively with Mr. Sris on complex criminal cases. Mr. Sris and his Of Counsel bring extensive combined legal experience. They represent clients at Livingston County arraignments, negotiate with prosecutors, and guide defendants through every stage of the criminal process. Reach the firm at (888) 437‑7747 to discuss your case.
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