What Happens at a Brooklyn Criminal Court Arraignment

What Happens at a Brooklyn Criminal Court Arraignment

When someone is arrested in Brooklyn on a criminal charge, they are typically taken first to central booking and then for their arraignment at the local criminal court. Arraignment is an important first step in the criminal justice process where the charges are formally read to the defendant and they are asked to enter a plea of guilty or not guilty.

The Booking Process

After an arrest, the defendant is taken to central booking to be photographed, fingerprinted, and for their personal information to be entered into the system. This process can take several hours depending on how busy central booking is. The defendant has the right to make a phone call to contact a lawyer or arrange for bail during this time.

Getting to Arraignment

Once booking procedures are complete, the defendant will be taken from central booking to the arraignment part of Brooklyn Criminal Court, located at 120 Schermerhorn Street. The arraignment typically happens within 24 hours of the arrest for people held in custody. Those given desk appearance tickets may have their arraignment scheduled weeks later.

At the Arraignment

During the arraignment, the charges against the defendant will be formally read by the judge or magistrate. Its at this time the defendant learns exactly what they have been charged with under the New York criminal statutes. The judge advises the defendant of their rights and asks them to enter a plea of guilty or not guilty. Other key things that happen at arraignment are:

• The prosecutor makes a bail recommendation
• The defense attorney argues for release or lower bail
• The judge decides on bail terms and conditions of release
• A temporary order of protection may be issued
• Discovery demands are served on the prosecutor

Bail Arguments

One of the most critical parts of arraignment is when bail arguments are made. The prosecutor will recommend bail terms to the judge based on the charges and defendants criminal history. They may ask for cash bail or bond to be set. The defense will then argue for the defendants release either on their own recognizance or on lower bail terms that are affordable. Factors like how bail gets set in New York include:

• Severity of charges
• Defendants criminal record
• History of missing court dates
• Ties to family, employment, and community

Bail reform laws passed in 2020 limit cash bail for many non-violent felony and misdemeanor charges. However, judges still have discretion to set bail in cases they believe the defendant poses a risk of flight or danger to the community.

Making a Plea

After hearing the charges and bail arguments, the judge will ask for the defendants “plea”. This is their chance to say if they are guilty or not guilty. Importantly, the plea entered at arraignment is not set in stones. The defendant can change their plea at a later court date as their case progresses. Reasons someone may choose to plead guilty at arraignment is to take advantage of a plea bargain or if they want to take responsibility quickly. However, in more serious and complex cases its recommended the defendant plead “not guilty” at this early stage to preserve their rights and allow their defense lawyer time to review evidence and prepare defense strategies.

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After the Arraignment

Once the arraignment is complete, a few things happen next:

• If bail is posted, the defendant is released
• If no bail is set, they are released on their own recognizance
• If they cannot afford bail, they are taken to jail to await the next court date
• The defense attorney will begin investigating the case and prosecutors evidence
• Further plea negotiations and case conferences happen at the next court date a few weeks later

The arraignment marks the start of the long process in fighting a Brooklyn criminal case. Having an experienced Brooklyn criminal defense lawyer by your side during the arraignment can impact the entire trajectory of the case. They will advocate for pre-trial release, begin demanding discovery documents, negotiate with prosecutors, and start building a defense strategy customized to the charges and evidence.

Why the Arraignment Matters

While many see arraignment as just a short formal court appearance, it actually sets the tone for the entire case. The actions taken and decisions made at this early stage can change the course of a case and its potential outcomes down the road. That’s why working with a skilled NYC defense lawyer from the moment you are arrested is so important.

Some key reasons why arraignment matters include:

• Bail decisions impact pre-trial freedom or jail detention
• Early plea negotiations can lead to reduced charges or dismissals
• Prompt demands for evidence discovery allow more time to analyze the prosecutors case
• Identifying legal issues like unconstitutional searches, Miranda rights violations, unreliable witnesses, or weak forensic evidence that can lead to suppressed evidence or dismissed charges

While what happens at arraignments follows a fairly standard format, each case has its own set of charges, evidence, legal priorities, and defense considerations. This is why connecting with an experienced Brooklyn criminal lawyer immediately after your arrest is so important.

Finding the Right Lawyer for Arraignment

Navigating the New York criminal justice system can be intimidating and confusing. But you don’t have to go it alone. The skilled NYC defense attorneys have successfully guided thousands of clients through the arraignment process and achieved positive results in tough cases. Here are some tips on finding the right lawyer:

• Look for a lawyer with extensive experience handling arraignments and cases just like yours
• Understand the lawyers track record taking cases like yours to trial and winning
• Find someone who is responsive, makes you feel comfortable, and answers all your questions
• Select a law firm with resources to thoroughly investigate your case
• Make sure they have a 24/7 emergency hotline so you can reach them immediately after arrest

The stakes are high when dealing with criminal charges in Brooklyn. But the skilled defense lawyers at have the experience, resources, and determination to protect your rights, freedom, and future.

We represent clients facing all types of charges in Brooklyn and greater NYC including assault, drug crimes, weapons possession, robbery, burglary, sex crimes, vehicular crimes, domestic violence, and homicide. Our Brooklyn criminal defense attorneys are here 24/7 to take your call and apply our experience toward achieving the best possible outcome in your case.

Resources

For more information check out the following links:

• /r/legaladvice on Reddit
• How Bail is Set in New York
• New York Criminal Defense Attorneys
• FindLaw’s Overview of New York Criminal Defense
• Avvo’s Criminal Defense Topics Hub

This article covered what happens during a criminal court arraignment in Brooklyn, the importance of early legal representation by an experienced defense lawyer, bail considerations, plea options, and finding the right attorney to advocate for you. Reach out for a free consultation if you or a loved one are facing criminal charges in NYC.