What happens at a criminal arraignment in Queens County
At a criminal arraignment in Queens County, a defendant appears before a judge to be formally advised of the charges and to enter an initial plea. The proceeding is governed by the New York Criminal Procedure Law and takes place at the Queens County Criminal Court for misdemeanors or Queens Supreme Court for felonies. Understanding the process is essential, and having an experienced criminal defense attorney by your side can significantly affect the early stages of the case. Law Offices Of SRIS, P.C., through Mr. Sris and his Of Counsel team, provides criminal defense representation in Queens County. Contact our New York location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding the Arraignment Process in Queens County
An arraignment is the first court appearance after an arrest in New York. It serves to officially inform the defendant of the charges and to ensure the defendant’s rights are protected. In Queens County, misdemeanors are generally arraigned in the Queens County Criminal Court, while felony cases proceed to arraignment in Queens County Supreme Court, Criminal Term.
At the arraignment, the judge will read the charges against you and ask how you plead. You may enter a plea of guilty, not guilty, or no contest. The judge will also address bail, release conditions, and appointment of counsel if you do not have a private attorney. New York’s bail reform laws limit the use of cash bail for most misdemeanors and non‑violent felonies, so many defendants are released on their own recognizance or with conditions. Your attorney can argue for the least restrictive release terms.
Queens County Supreme Court Court hours: Mon-Fri 9:00AM-5:00PM. Counsel appearing on criminal matters should plan filings accordingly.
After the plea is entered, the case moves to the next stage—typically a pretrial conference or a hearing. For eligible first‑time offenders, the court may offer an Adjournment in Contemplation of Dismissal (ACD), which can result in the charge being dismissed after a set period if no further arrests occur. Having a knowledgeable advocate at the arraignment can help negotiate favorable conditions from the very beginning.
Frequently Asked Questions
What is an arraignment in New York?
An arraignment is the formal court proceeding where a defendant is informed of the criminal charges against them and asked to enter a plea. In New York, arraignment must occur within 24 hours of arrest. The judge will also determine bail or release conditions and, if necessary, assign a lawyer. The proceeding is critical because decisions made at this stage—such as the plea entered and the bail conditions set—can influence the rest of the case. Having an attorney present ensures your rights are protected from the outset.
What happens at an arraignment in Queens County?
At a criminal arraignment in Queens County, the defendant appears before a judge, the charges are read, and the defendant enters a plea of guilty, not guilty, or no contest. The judge reviews the bail application or sets release conditions, and the court may appoint counsel if the defendant cannot afford a private attorney. In Queens County, arraignments for misdemeanors are typically held in Criminal Court, while felony arraignments take place in Supreme Court. Your attorney can challenge the sufficiency of the charges and argue for release on recognizance or minimal bail.
Do I need a lawyer at an arraignment in Queens County?
You are not legally required to have a lawyer at an arraignment, but having one present is extremely important. An experienced criminal defense attorney can review the charges, explain your options, negotiate with the prosecutor, and argue for your release on the trusted terms. If you cannot afford a private attorney, the court will appoint one for you. Law Offices Of SRIS, P.C. represents individuals facing criminal charges in Queens County. Contact our New York location at (888) 437-7747 to request a consultation.
What is an Adjournment in Contemplation of Dismissal (ACD)?
An Adjournment in Contemplation of Dismissal is a disposition available for certain first-offense cases where the judge adjourns the case for a set period—typically 6 to 12 months—after which the charges are automatically dismissed if the defendant stays out of trouble. An ACD avoids a criminal conviction and can be an excellent resolution for eligible defendants. Eligibility depends on the nature of the charge and the defendant’s prior record. Your attorney can discuss whether an ACD is a possibility
Will I be held on bail at my arraignment in Queens County?
Under New York’s 2020 bail reform, cash bail has been eliminated for most misdemeanors and non-violent felonies; many defendants are released on their own recognizance. Bail remains available for certain violent felonies and qualifying offenses. At the arraignment, the prosecutor may request bail, and your attorney can advocate for release on recognizance or supervised release. The judge considers the nature of the charges, your ties to the community, and your criminal history when setting release conditions.
What happens after arraignment?
After arraignment, the case proceeds to pretrial conferences, discovery, and potentially motion hearings or a trial. For misdemeanors, the next court date is typically a pretrial hearing. For felonies, the case may be presented to a grand jury for indictment. Throughout this process, your attorney can negotiate with the prosecution for a plea offer, seek a reduction of charges, or prepare a defense for trial. The timeline varies depending on the complexity of the case and the court’s schedule.
Can charges be dropped at the arraignment?
Charges are rarely dropped at the arraignment, but in some cases the prosecutor may determine that the evidence is insufficient and decline to proceed. More often, the arraignment is the starting point for the legal process. Your attorney can challenge the legal basis for the charges at this stage and may succeed in having the case dismissed or reduced, but dismissal at arraignment is not common. A thorough case review early on can identify weaknesses in the prosecution’s case.
How long does an arraignment take?
The time needed for an arraignment varies; a simple arraignment may take only a few minutes once the case is called. However, the overall process—including waiting for your case to be called, discussions with your attorney, and any bail arguments—can take several hours. Attorneys often arrive early to review the case file and speak with the prosecutor. The specific timeline depends on the court’s calendar and the number of cases scheduled that day.
What should I do to prepare for my arraignment?
Contact a criminal defense attorney as soon as possible before the arraignment. Your attorney can review the charges, explain the likely procedures, and prepare you for what to expect. Provide your attorney with any paperwork you received at the time of arrest and be ready to discuss your personal circumstances—employment, family, and community ties—that may help in arguing for release without bail. Arrive at court on time and dress appropriately.
Can I change my plea after arraignment?
Yes, it is possible to change your plea after arraignment, but the process depends on the court’s rules and the stage of the case. If you initially pleaded not guilty, you or your attorney can later negotiate a plea agreement with the prosecutor and enter a guilty plea. Changing a plea of guilty to not guilty is more difficult and generally requires demonstrating that the plea was not made knowingly or voluntarily. Consulting with an attorney before entering any plea is crucial.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal law since 1997. He is a former prosecutor and is admitted to practice in New York, Virginia, Maryland, the District of Columbia, and New Jersey. Together with his Of Counsel team, Mr. Sris brings extensive combined legal experience to criminal defense matters in Queens County and throughout New York. Results may vary.
For a consultation, reach our New York location at (888) 437-7747. We serve individuals facing misdemeanor and felony charges throughout Queens, including Jamaica, Flushing, Astoria, Long Island City, Forest Hills, and surrounding neighborhoods.
Related information:
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