What happens at a criminal arraignment in Ontario County
An arraignment in Ontario County is the formal first court appearance after an arrest, where the judge reads the charges and the defendant enters a plea. In New York, including Ontario County’s local criminal courts and the Supreme Court in Canandaigua, the process also addresses bail status, the right to counsel, and the scheduling of further proceedings. The precise format depends on whether the charge is a misdemeanor or a felony. For misdemeanors, arraignment takes place in the local criminal court of the town or city where the alleged offense occurred; felonies proceed to the Ontario County Court or Supreme Court Criminal Term following a grand jury indictment. Mr. Sris and his Of Counsel appear regularly in Ontario County courts and can help you understand each step. To discuss your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Direct answer: what to expect at a criminal arraignment in Ontario County
At the arraignment, the judge will inform you of the exact charges under the New York Penal Law, ensure you understand your rights, and ask you to plead guilty or not guilty. In nearly all cases, a not‑guilty plea is entered at this stage to preserve the opportunity for later negotiation or trial. New York’s 2020 bail reform eliminated cash bail for most misdemeanors and non‑violent felonies, so many defendants are released on their own recognizance or with conditions rather than having bail set. For violent felony charges or certain qualifying offenses, bail may still be ordered. If you cannot afford an attorney, the court will assign one through the 18‑b panel or a public defender service. The arraignment also typically triggers a scheduling order that sets dates for motions, discovery compliance, and a trial or further hearing. Because New York law mandates that the prosecution announce readiness for trial within specific statutory periods—90 days for misdemeanors, six months for felonies—the arraignment is a critical juncture that can affect how quickly your case moves forward.
How the Ontario County court system handles a criminal arraignment
Ontario County is in the 7th Judicial District of New York. A misdemeanor arrest usually results in an arraignment before the town or city court where the offense allegedly occurred—examples include courts in Canandaigua, Geneva, or Victor. The arraignment must take place within 24 hours of arrest, and the defendant receives a copy of the accusatory instrument. A desk appearance ticket (DAT) for many low‑level offenses allows the accused to appear at a later date without a formal custodial arrest. For felonies, the path is different: the case first goes through a preliminary hearing or, more commonly, a grand jury proceeding. Once an indictment is returned, the defendant is arraigned in Ontario County Supreme Court, located at 27 North Main Street, Canandaigua. At that felony arraignment, the indictment charges are read, a plea is entered, and detention status is reviewed under the bail‑eligible criteria of the Criminal Procedure Law. Mr. Sris and his Of Counsel are familiar with the procedural rhythms of Ontario County’s criminal dockets and work to protect a defendant’s rights from the first appearance.
Frequently asked questions
What happens after an arrest but before the arraignment in Ontario County?
After arrest in Ontario County, the police take you to a local precinct or the county jail for booking, and you must be brought before a judge for arraignment within 24 hours. During booking, officers will record your personal information, fingerprint you, photograph you, and may conduct a records check. For eligible offenses, a desk appearance ticket may be issued instead of detention. If you are held, you will be transported to the court for arraignment. Anyone arrested in the county should immediately ask to speak with an attorney; statements made during this window can be used at trial.
Can I be released before the arraignment?
In Ontario County, release before arraignment depends on the charge and whether a desk appearance ticket was issued. For many non‑violent misdemeanors and some low‑level felonies, New York’s bail reform allows release on a DAT before any court date. For offenses that are not DAT‑eligible, you must appear before a judge, who will decide release conditions at the arraignment. You should not assume automatic release; consulting an attorney as early as possible can influence the presentation of facts that support your release.
What plea should I enter at the arraignment?
In almost every case, entering a not‑guilty plea at the arraignment is the standard first step. A not‑guilty plea preserves your legal options. Pleading guilty at the arraignment would mean the case ends immediately with a conviction, a sentence, and a criminal record. The arraignment is not the time to argue the facts; it is a procedural milestone to get the charge on the record and schedule further proceedings. Your attorney can evaluate whether a plea negotiation, diversion program, or ACD (adjournment in contemplation of dismissal) is available after the arraignment.
How does New York’s bail reform affect arraignments in Ontario County?
Under the reforms effective January 2020, cash bail is eliminated for most misdemeanors and non‑violent felonies in Ontario County. Judges must release defendants on their own recognizance or impose non‑monetary conditions such as supervised release. Bail may still be set for violent felonies, certain sex crimes, domestic violence charges that involve aggravating factors, and some repeat offenses. When bail is set, the judge considers flight risk and community safety. Your attorney can advocate for release under the least restrictive conditions consistent with the statute.
What is an ACD and can it be offered at the arraignment?
An adjournment in contemplation of dismissal (ACD) is a New York mechanism that allows a charge to be adjourned for a period—commonly 6 to 12 months—after which it is automatically dismissed if no new arrests occur. An ACD is not typically resolved at the arraignment, but the possibility may be discussed. For eligible first‑time offenses, your attorney can negotiate an ACD with the prosecutor after the arraignment, usually at a later conference. If granted, the court places the case on the ACD calendar, and if you stay out of trouble, the charge disappears without a conviction.
What should I bring to the arraignment in Ontario County?
Bring photo identification and any citation or DAT you received. Also bring contact information for your attorney and any relevant documents that show community ties, employment, or medical needs, as these can support an application for release without bail. Leave valuables and non‑essential electronics at home; security screening at courthouses such as the Ontario County Supreme Court (27 N Main St., Canandaigua) is strict. Dress appropriately and arrive early to allow time for parking and screening.
Do I need an attorney at the arraignment?
You have the right to an attorney, and appearing without one can put you at a significant disadvantage. At the arraignment, critical decisions about bail, plea, and scheduling are made. If you cannot afford a lawyer, the court will appoint one, but the assigned attorney may have only a few minutes to review your case before the hearing begins. Retaining private counsel before the arraignment allows a lawyer to be present, argue for your release, and begin building your defense immediately. Mr. Sris and his Of Counsel accept calls 24 hours a day at (888) 437‑7747.
How do I find a criminal defense lawyer in Ontario County?
Start by contacting Law Offices Of SRIS, P.C. at (888) 437‑7747 to schedule a consultation with an experienced multi‑state defense team. Ask about the attorney’s familiarity with Ontario County courts, their track record in similar cases, and whether they appear regularly before local judges. A lawyer who knows the local procedures, the district attorney’s office practices, and the probation department can help you navigate the process efficiently. Consultations are available by phone or by appointment at our New York location.
What happens after the arraignment in a misdemeanor case?
After a misdemeanor arraignment in Ontario County, the court usually sets a schedule for discovery and motions, and a trial date is selected. Under CPL § 30.30, the prosecution must be ready for trial within 90 days of the commencement of the criminal action. During this period, your attorney will obtain and review police reports, body‑camera footage, and any lab results, and will evaluate whether to file motions to suppress evidence or dismiss the charge. Plea negotiations frequently occur during this pre‑trial phase; many cases resolve short of trial.
How long does a felony case take after arraignment in Ontario County?
Felony cases in Ontario County generally take between three and twelve months or longer, depending on the complexity of the case and the availability of grand jury and trial dates. After indictment and arraignment in Supreme Court, discovery and motion practice can extend several months. The statutory speedy‑trial period for felonies is six months from the People’s declaration of readiness. Your attorney will keep you informed of deadlines and potential resolutions, including plea offers or diversion programs where applicable.
About Mr. Sris and his Of Counsel team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997 and is a former prosecutor with experience in criminal trial work. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and personally leads the firm’s most complex criminal matters. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel bring extensive combined legal experience, and they appear in Ontario County courts on behalf of clients facing arraignment and all subsequent stages of criminal proceedings. The firm’s phones are answered 24 hours a day, 365 days a year. Consultations are available by appointment.
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