What happens at a criminal arraignment in Brooklyn
An arraignment is the first court appearance after an arrest in Kings County (Brooklyn), New York. At the arraignment, the judge reads the charges against you, advises you of your rights, and asks for your plea. Bail is addressed—often under New York’s 2020 bail reform that eliminated cash bail for most misdemeanors and non‑violent felonies—and the judge may release you on your own recognizance, set non‑monetary conditions, or, in limited cases, impose bail. The arraignment also sets the stage for everything that follows, from discovery to trial. Having an experienced attorney with you at this hearing helps protect your interests from the very start. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation about your Brooklyn criminal matter. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Understanding the arraignment process in Brooklyn
In Kings County, criminal arraignments are held in the Kings County Criminal Court, located at 360 Adams Street, Brooklyn, NY 11201, or, for felony cases, in the Kings County Supreme Court Criminal Term. After an arrest, New York law requires that you be brought before a judge for arraignment without unnecessary delay—typically within 24 hours of arrest. The court will appoint a lawyer from the Legal Aid Society or the 18‑b panel if you cannot afford private counsel.
New York’s 2019 bail reform sharply changed arraignment outcomes. For most misdemeanors and non‑violent felonies, cash bail has been eliminated. Many defendants receive a desk appearance ticket (DAT) and are instructed to return for arraignment on a future date, without being held in custody. When you do appear, the judge determines the conditions of your release while the case proceeds—usually release on recognizance (ROR) or supervised release. For qualifying violent felonies and certain other offenses, bail may still be set. The court also considers any request for an order of protection if the charges involve a domestic or interpersonal offense.
Frequently Asked Questions
What exactly happens at the arraignment in Brooklyn?
The judge formally advises you of the charges, asks for your plea (guilty, not guilty, or no contest), and addresses bail or release conditions. The judge will also provide you with a copy of the complaint. If you have a lawyer, they may argue for your release, request that the court enter a not‑guilty plea, and begin discussing discovery. The prosecutor may outline the allegations and any requests for bail or protective orders.
How soon after arrest does the arraignment happen?
In Brooklyn, an arrested person must be brought before a judge for arraignment within 24 hours of arrest, unless the arrest results in a desk appearance ticket. If you receive a DAT, you are released from the precinct and given a future court date, typically two to six weeks later. For those held in custody, the arraignment is scheduled as soon as a court session is available, often the next morning or afternoon.
What is an Adjournment in Contemplation of Dismissal (ACD)?
An ACD is a disposition that adjourns the case for a period—usually six to twelve months—after which, if the defendant avoids new arrests and meets any conditions, the charges are automatically dismissed and sealed. ACDs are frequently offered to first‑time offenders in Brooklyn on misdemeanor and violation‑level charges. Accepting an ACD does not require admitting guilt, and a successful ACD helps keep your record clear.
How does bail work in Brooklyn after the 2020 bail reform?
Cash bail has been largely eliminated for most misdemeanors and non‑violent felonies in New York, including in Kings County. For eligible offenses, the court must release the arrested person on their own recognizance or with non‑monetary conditions, such as supervised release or electronic monitoring, unless the prosecution demonstrates that release poses a flight risk. Bail may still be imposed for violent felonies and certain enumerated offenses. The judge conducts an individualized assessment at arraignment.
Can I be released with a desk appearance ticket instead of being arrested?
Yes, for many low‑level offenses in Brooklyn, the police will issue a desk appearance ticket (DAT) at the precinct rather than holding you for arraignment. A DAT tells you the date and time to appear at the Kings County Criminal Court for your arraignment. If you fail to appear on that date, the court may issue a bench warrant for your arrest. A DAT does not mean the case is dismissed—you must still appear and address the charges.
What if I miss my arraignment date in Brooklyn?
Missing your arraignment date will likely result in a bench warrant being issued for your arrest by the judge. The court may also forfeit any bail that was posted. If you realize you missed the date, contact an attorney immediately. In some circumstances, your lawyer can arrange a voluntary surrender and ask the court to recall the warrant, but you should not ignore the situation.
Do I need a lawyer at the arraignment?
You are not legally required to have a lawyer at the arraignment, but having an experienced criminal defense attorney present is strongly recommended. An attorney can argue for favorable release conditions, raise objections to the charges, and preserve important rights. If you cannot afford a lawyer, the court will appoint one from Legal Aid or the 18‑b assigned counsel panel. However, the quality of representation you receive can affect every stage of your case.
What should I bring to the arraignment in Brooklyn?
Bring identification, any paperwork you received at the precinct (including the DAT or complaint), and contact information for family or an employer who may need to be reached. If you have retained an attorney, bring their contact card. Dress respectfully—courtroom attire can influence the judge’s impression. Avoid bringing phones, food, or bags larger than a purse; the courthouse has security screening. If you are unsure what is allowed, call the court ahead of time.
How can a Brooklyn criminal defense attorney help after arraignment?
An attorney investigates the case, negotiates with the prosecutor, files motions, and prepares for trial if necessary, working toward favorable outcomes at each stage. After arraignment, your lawyer obtains discovery (police reports, witness statements, video), identifies legal issues such as unlawful search or improper identification procedures, and explores diversion options. Mr. Sris and his Of Counsel team have handled criminal matters in Kings County and across New York, helping clients understand their options and pursue favorable resolutions.
What if I am concerned about an order of protection issued at arraignment?
If the court issues an order of protection at the arraignment, it will restrict contact or proximity to the alleged victim. Violating the order can result in new criminal charges. Your attorney can explain the order’s terms, help you request modifications if appropriate, and defend against allegations of violation. In Kings County, early legal guidance is critical when a protective order is part of a criminal case.
Does the firm handle criminal arraignments in Brooklyn?
Yes. Law Offices Of SRIS, P.C., founded in 1997, serves clients in Kings County and throughout New York, representing individuals at arraignment and every stage that follows. Mr. Sris, a former prosecutor, and his Of Counsel team bring extensive combined legal experience to criminal matters. They appear in Brooklyn courts and work to protect clients’ rights from the very first hearing. Results may vary. To discuss your situation, reach the firm at (888) 437-7747.
About Mr. Sris and His Of Counsel
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal law since 1997. He is a former prosecutor who understands both sides of the courtroom and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and his Of Counsel team bring extensive combined legal experience to criminal defense, including representing clients at arraignments in Kings County. The firm’s attorneys are available to discuss your case and explain what to expect in the Brooklyn courts. Results may vary. every case is different.
Additional resources: Brooklyn Criminal Defense Lawyer | Kings County Criminal Attorney | What Is an Arraignment?
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