What happens at a criminal arraignment in Westchester County

An arraignment is the first formal court appearance after a criminal arrest. In Westchester County, this hearing typically takes place at one of the local city, town, or village justice courts for misdemeanor and violation-level charges, or at the Westchester County Court in White Plains for felony matters. During the arraignment, the judge informs you of the charges filed, advises you of your rights—including the right to an attorney and the right to remain silent—and requires you to enter a plea of guilty or not guilty. Bail or other conditions of release are addressed at this stage. Whether you receive a desk appearance ticket (DAT) after an arrest or are held for a formal arraignment depends on the nature of the charges and the circumstances of your arrest, including the 2020 bail reform measures that eliminated cash bail for most non-violent offenses. Law Offices Of SRIS, P.C. represents individuals at arraignments in Westchester County and can be reached at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

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What to Expect at a Westchester County Criminal Arraignment

The arraignment proceeds in a manner set by the court, and the specific flow may vary slightly depending on whether the case is heard in a local justice court or the County Court. When you appear, the judge will first confirm your identity and ensure that you have received a copy of the accusatory instrument—the document listing the charges. The judge will then advise you of your constitutional rights, including the right to counsel and the right against self‑incrimination. If you cannot afford an attorney, the court will determine your eligibility for assigned counsel under the 18‑b panel or other public defense programs. The judge will then ask how you plead. A plea of not guilty preserves your right to challenge the charges, to seek discovery, and to negotiate with the prosecutor. A guilty plea at arraignment is possible but rarely advisable without full review of the evidence and potential consequences; an experienced criminal defense lawyer should be consulted before any plea.

Next, the judge turns to the issue of release. Because of the 2019‑era bail reforms that took effect in January 2020, cash bail has been largely eliminated for many misdemeanors and non‑violent felonies. For such charges, the court will likely release you on your own recognizance or with non‑monetary conditions, such as reporting to a pretrial services program. For more serious offenses—particularly violent felonies or charges involving domestic violence—the judge may set bail or order detention. The judge also sets the next court date: for misdemeanors, the matter is typically adjourned for a pre‑trial conference or motions; for felonies, a preliminary hearing or grand jury presentation is scheduled. If you have retained private counsel, your attorney can provide important guidance before and during the arraignment, ensuring that your rights are protected from the very first court appearance.

Frequently Asked Questions

What is a criminal arraignment?

A criminal arraignment is the initial hearing where a person charged with a crime appears before a judge, is formally advised of the charges, and enters a plea. It is also the stage at which the court determines conditions of release—whether the individual will be released on recognizance, required to post bail, or held pending further proceedings. In Westchester County, arraignments occur shortly after arrest and are a crucial step in the criminal justice process; having counsel present can significantly affect how the initial stages of a case unfold.

When does arraignment happen after an arrest in Westchester County?

An arraignment is held promptly after arrest, usually within twenty‑four hours. For minor offenses, the person may be released with a desk appearance ticket directing them to appear at a later date. For more serious charges or where the police do not issue a DAT, the arrested person is held in custody and brought before a judge at the next available court session. The speedy arraignment requirement helps protect the rights of the accused by ensuring a judicial officer reviews the arrest and the need for continued detention without unnecessary delay.

Do I need a lawyer at the arraignment?

You have a right to an attorney at the arraignment, and having an experienced criminal defense lawyer present can make an important difference. The attorney can argue for release on recognizance or minimal conditions, address any concerns about the sufficiency of the charges, and ensure that you do not make statements that could be used against you. If you cannot afford private counsel, the court will appoint an attorney from the assigned counsel program or a public defender office, but that determination is typically made at the arraignment itself. Retaining private counsel before the hearing allows for advance preparation and a more informed first appearance.

What happens if I miss my arraignment date?

Missing an arraignment date can result in a bench warrant being issued for your arrest. The court may also forfeit any bail that was posted and set new, more restrictive conditions of release. If you are charged with a felony, missing court can have additional serious consequences, including possible new charges for bail jumping. It is essential to retain an attorney before the scheduled date; if you already have counsel and are unable to appear, your lawyer may be able to request an adjournment on your behalf. A prompt response avoids compounding a difficult situation.

Will I be released on my own recognizance or have to post bail?

For most misdemeanors and non‑violent felonies in New York, the court will release you on your own recognizance or impose non‑monetary conditions. Under New York’s 2020 bail reform, cash bail is generally no longer set for a wide range of offenses. However, bail is still available for violent felonies, certain sex offenses, domestic violence charges involving injury or protective order violations, and cases where the defendant is deemed a flight risk under a statutory standard. The judge will consider the charges, your ties to the community, and your criminal history when making the release determination.

Can I plead guilty at the arraignment?

It is legally possible to plead guilty at arraignment, but doing so without consulting an attorney is rarely in your best interest. A guilty plea at that early stage means you give up the right to challenge the evidence, to negotiate a reduced charge, and to explore diversion or dismissal programs such as an Adjournment in Contemplation of Dismissal. Many charges carry collateral consequences that extend beyond the direct penalty, including immigration, employment, and professional‑licensing issues. A lawyer can evaluate whether accepting a plea at the outset—or at all—is an appropriate course for your particular circumstances.

What if the charges are a felony?

For felony charges, the arraignment in Westchester County typically takes place in the local justice court, where the judge will set the next steps that lead to the County Court or Supreme Court. The defendant is not required to enter a plea to the felony at the initial appearance; instead, the court schedules a preliminary hearing or a date for the case to be presented to a grand jury. If the grand jury returns an indictment, a second arraignment on the indictment occurs in the superior court. Because the procedures differ significantly from misdemeanor practice, representation by counsel experienced in felony defense is critical from the first appearance.

How does a Westchester County arraignment differ from what happens in other counties?

The basic structure of an arraignment is similar across New York, but Westchester County has a mix of multiple town and village justice courts as well as a centralized county court system. The justice courts handle arraignments for most misdemeanors and violations that occur within their jurisdiction, while the County Court and Supreme Court handle felony arraignments. Additionally, Westchester County’s proximity to New York City and its demographically diverse communities can influence court practices, pretrial supervision resources, and the availability of specialized diversion programs. Local procedures and judicial preferences may vary, making it helpful to work with an attorney familiar with the specific court where your case will be heard.

What should I bring to the arraignment?

You should attend the arraignment with a government‑issued photo identification and any documents that the court has instructed you to bring. If you have already retained an attorney, notify your lawyer of the hearing date so they can appear with you. Bringing character letters or proof of community ties can sometimes support an argument for release on recognizance, but only if your lawyer determines it is appropriate to present that information. Do not bring contraband, weapons, or any items prohibited by the courthouse security policies.

Can the judge dismiss the charges at arraignment?

It is uncommon for a judge to dismiss charges at the arraignment itself, but it can occur if there is a clear legal defect in the accusatory instrument. For example, if the complaint fails to state a legally recognized offense or there is an obvious jurisdictional error, the court may dismiss on its own motion or on a defense motion. More often, the arraignment is the beginning of the case, and challenges to the sufficiency of the charges happen later through formal motions. An attorney can assess the charging document and determine whether there are grounds for an immediate challenge.

What is an Adjournment in Contemplation of Dismissal and can it be granted at arraignment?

An Adjournment in Contemplation of Dismissal, or ACD, is a specific New York disposition that allows the case to be adjourned for a period of six or twelve months and then dismissed if the defendant stays out of trouble. While an ACD is sometimes offered at arraignment for low‑level, first‑offense charges, whether it will be granted depends on the prosecutor’s position, the nature of the charge, and the defendant’s history. Even when the possibility of an ACD exists, it is wise to have counsel present to negotiate the terms, because accepting an ACD may involve certain conditions, and a violation could result in the case being restored to the calendar.

How does Mr. Sris and his Of Counsel team help with an arraignment in Westchester County?

Mr. Sris and his Of Counsel team represent individuals at arraignments in Westchester County and throughout New York, advocating for release on favorable conditions and ensuring that the initial court appearance is handled correctly. Mr. Sris, the Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with insight into how the other side builds its case. Along with his Of Counsel, the firm brings extensive combined legal experience to criminal defense matters. Whether your case is a misdemeanor handled in a local justice court or a felony proceeding in the County Court, the firm works to protect your rights from the very first hearing. To consult with Mr. Sris and his Of Counsel about an upcoming arraignment, call (888) 437‑7747.

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