Criminal Defense Lawyers

How to Navigate the Arraignment Process in New York

If you’ve been arrested in New York, the arraignment is likely your first court appearance and a critical step in the criminal justice process. As experienced criminal defense attorneys, we at Spodek Law Group understand how overwhelming and confusing this can be. Our goal is to guide you through the arraignment process and ensure your rights are protected from the very beginning.

What is an Arraignment?

An arraignment is the formal court proceeding where you are officially informed of the charges against you and enter an initial plea. It typically occurs within 24 hours of arrest, though it may be scheduled for a later date if you received a Desk Appearance Ticket (DAT).The arraignment serves several key purposes:

• Formally notifying you of the charges
• Entering your initial plea (usually not guilty)
• Determining bail or release conditions
• Addressing any immediate issues like orders of protection
• Setting future court dates

While brief, usually lasting only a few minutes, the arraignment is a crucial stage that can impact the entire trajectory of your case. Having an experienced criminal defense attorney by your side is essential to protect your rights and start building your defense strategy from day one.

What to Expect at Your New York Arraignment

When you arrive for your arraignment, here’s what you can typically expect:

1. Meeting with your attorney: If you’ve hired a private attorney like our team at Spodek Law Group, we’ll meet with you before the arraignment to review the charges and discuss strategy. If you don’t have an attorney, you’ll be appointed a public defender.
2. Entering the courtroom: You’ll be brought before the judge, usually in a group with other defendants. Your case will be called individually.
3. Reading of charges: The prosecutor will read the charges against you. Your attorney may waive the formal reading.
4. Entering a plea: In most cases, we advise entering a “not guilty” plea at this stage to preserve all your legal options.
5. Bail determination: The judge will decide whether to set bail, release you on your own recognizance, or remand you to custody. We’ll argue for the least restrictive conditions possible.
6. Setting the next court date: The judge will schedule your next appearance, usually for a preliminary hearing or status conference.

The entire process often takes just a few minutes, but its impact on your case can be significant. That’s why having skilled legal representation from the start is so crucial.

Key Issues Addressed at Arraignment

Bail and Release Conditions

One of the most important issues decided at arraignment is whether you’ll be released pending trial and under what conditions. The judge has several options:

• Release on own recognizance (ROR)
• Set bail
• Remand to custody without bail

As your defense team, we’ll argue forcefully for your release, emphasizing factors like:

Christine Twomey

2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

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2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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• Community ties
• Employment
• Lack of criminal history
• Low flight risk

If bail is set, we can help arrange for prompt payment to secure your release. In some cases, we may be able to argue for alternatives like supervised release programs.

Orders of Protection

For certain charges, especially domestic violence cases, the judge may issue an order of protection at arraignment. This can have major implications, potentially barring you from your home or contacting family members. We’ll work to ensure any orders are fair and narrowly tailored.

Plea Negotiations

While most defendants plead not guilty at arraignment, in some cases an early plea deal may be offered. We’ll carefully evaluate any offers and advise you on whether it’s in your best interest to consider an early resolution or proceed with fighting the charges.

Preserving Your Rights

The arraignment is also our first opportunity to address any constitutional issues with your arrest or the evidence against you. We may file motions to:

• Challenge the legality of searches or seizures
• Preserve video evidence
• Request early discovery

Taking these steps early on lays the groundwork for a strong defense as your case moves forward.

Common Mistakes to Avoid at Arraignment

Without proper legal guidance, it’s easy to make missteps at arraignment that can harm your case. Some common mistakes we see include:

• Talking about your case to anyone but your lawyer
• Pleading guilty without fully understanding the consequences
• Agreeing to overly restrictive release conditions
• Failing to request important discovery materials
• Not addressing potential conflicts with work or family obligations

Our experienced attorneys will help you avoid these pitfalls and make informed decisions at every stage.

What Happens After Arraignment?

The arraignment is just the first step in the criminal justice process. Depending on the charges and circumstances, your case may proceed along different paths:For misdemeanors:

• Additional court appearances for hearings and conferences
• Possible plea negotiations
• Trial (if no plea agreement is reached)

For felonies:

• Grand jury proceedings
• Formal indictment
• Pre-trial motions and hearings
• Trial

Throughout this process, we’ll be by your side, investigating the charges, negotiating with prosecutors, and preparing a strong defense strategy tailored to your unique situation.

Why Choose Spodek Law Group for Your Arraignment

When you’re facing criminal charges in New York, you need an experienced, aggressive defense team in your corner from day one. At Spodek Law Group, we bring decades of experience navigating the New York criminal justice system to every case we handle.Our approach to arraignments and criminal defense is characterized by:

• Prompt action: We’ll move quickly to secure your release and start building your defense immediately.
• Thorough preparation: We leave no stone unturned in investigating the charges and developing defense strategies.
• Aggressive advocacy: We fight tirelessly to protect your rights and achieve the best possible outcome.
• Clear communication: We keep you informed and involved in every decision affecting your case.

Don’t face this challenging time alone. Contact Spodek Law Group today at 212-300-5196 for a free consultation about your case. Let us put our experience and dedication to work for you.

Frequently Asked Questions About New York Arraignments

Do I need a lawyer for my arraignment?

While not legally required, having an experienced criminal defense attorney at your arraignment is strongly recommended. We can protect your rights, argue for favorable release conditions, and start building your defense strategy from day one.

What should I wear to my arraignment?

Dress neatly and conservatively, as if for a job interview. This shows respect for the court and can make a positive impression on the judge.

How long does an arraignment take?

Most arraignments last only a few minutes, but you may have to wait several hours for your case to be called. Be prepared to spend most of the day at the courthouse.

Can I be released without bail?

Yes, in many cases. We’ll argue forcefully for your release on your own recognizance (ROR) whenever possible, emphasizing factors like community ties and lack of criminal history.

What happens if I can’t afford bail?

If you can’t afford the full bail amount, we can explore options like bail bonds or arguing for a lower amount. In some cases, supervised release programs may be available as alternatives to cash bail.

Can charges be dropped at arraignment?

While rare, it is possible for charges to be dismissed at arraignment if there are clear legal defects. More commonly, we may be able to negotiate for reduced charges or favorable plea offers.

What if I miss my arraignment?

Failing to appear for your arraignment will likely result in a warrant for your arrest. If you have a legitimate reason for missing court, contact us immediately so we can address the situation with the judge.

Conclusion

Navigating the arraignment process in New York can be daunting, but you don’t have to face it alone. At Spodek Law Group, we have the experience and dedication to guide you through every step of the criminal justice system, starting with your arraignment.Our goal is not just to get you through the arraignment, but to set the stage for a strong defense and the best possible outcome for your case. We understand the stress and uncertainty you’re facing, and we’re here to fight for your rights and your future.Don’t leave your freedom to chance. Contact Spodek Law Group today at 212-300-5196 for a free consultation about your case. Let us put our knowledge and passion for justice to work for you.