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The Legal Process | How Does Arraignment Work in New York?

Posted by Daniel DuBois | Aug 27, 2021 | 0 Comments

new york defense attorney daniel dubois breaks down what arraignment is and what happens during it

The legal process has several steps to it. We've gone over the arrest process in New York, and today we're going to briefly look at arraignment.  

Disclaimer: This quick guide doesn't cover absolutely every circumstance, just some broadly applicable examples. Prior results do not guarantee future success. This is for informational and educational purposes only. This blog post is not legal advice. Each case is unique according to its facts, and the mentioned process may differ for you. Please contact Daniel DuBois and DuBois Law to get in touch with a lawyer for consultation & advice.

What is Arraignment?

After booking, the next step in the process is your arraignment. You appear before the court to have your charges formally read to you and enter your plea on those charges.  You can plea “guilty”, “not guilty” or “nolo contendere” (no contest) to the charges.  In a no-contest plea, you are not admitting guilt but admit there's enough evidence against you for a conviction.

If you do not give the court a plea, the judge will enter “not guilty” as your plea on your behalf.  

The arraignment will also be where the judge sets bail.  In deciding about bail, the judge will consider criminal history, the severity of the charges, your community ties (this is why you want to tell the agent from CJA about all your communal ties), and any bench warrant history (if you failed to appear for a previous case).

How Does Bail Work?

If you plead not guilty, the court will decide what to do about your bail - whether it's necessary and if so how much it will be.  If you're given a bail amount you can post, you're free to go until your trial. If you comply and return, the amount will be returned to you. Otherwise, you'll stay in the cell awaiting trial. If you post bail and don't return, a warrant for your arrest will be issued.

In the case of alleged physical violence, a judge will issue an order of protection. This restricts contact between the defendant and the alleged victim.  Following the order is important, as additional charges can be filed for any violations.

A New York Defense Attorney Can Help

You might think that having an attorney with you through this process will delay your release. Whatever small amount of delay there could be, pays off in the long run though because your attorney's advice could prevent you from incriminating yourself. 

You need an attorney at your arraignment hearing to be on your side.  Call DuBois Law today at (888)-684-8589 [(888) NT-GULTY]  or fill out a contact form for a FREE consultation! Need financial help? We have options for you because everyone deserves to have quality representation. Keep up to date with our blog for more posts similar to this one. See some of our previous work in the news and check out our client testimonials! You need the best defense attorney in New York. You need DuBois Law on your side. Call today for your FREE consultation. 

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