What happens at a criminal arraignment in Cattaraugus County

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What happens at a criminal arraignment in Cattaraugus County





What happens at a criminal arraignment in Cattaraugus County

When someone is arrested in Cattaraugus County, the first court appearance is the arraignment—the formal start of the criminal case. At the arraignment, the judge reads the charges, advises the defendant of their rights, and determines bail or release conditions. In Cattaraugus County, misdemeanor and violation-level cases are heard in the local criminal court, while felony arraignments take place in County Court or Supreme Court. New York law requires that an arrested person be brought before a judge without unnecessary delay. To discuss your arraignment or any related matter, reach (888) 437-7747 to speak with Law Offices Of SRIS, P.C. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Occurs During an Arraignment in Cattaraugus County

After an arrest, law enforcement transports the individual to the appropriate court for a prompt arraignment. In Cattaraugus County, this usually occurs at the Cattaraugus County Supreme Court, located at 303 Court Street in Little Valley, NY 14755. The judge first verifies the defendant’s identity, then formally states the charges. The court advises the defendant of the right to an attorney and, if the defendant cannot afford one, appoints counsel through the Legal Aid Society or the 18‑B panel. The defendant is asked to enter a plea—typically “not guilty” at this stage—and the judge addresses release.

Under New York’s 2020 bail reform, cash bail is no longer required for most misdemeanors and non‑violent felonies; many defendants are released on their own recognizance or with conditions.

Source: New York Criminal Procedure Law, Article 500. NY CPL Art. 500

Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.

For felony charges, the arraignment may be held in Supreme Court or County Court. The judge may set a future date for a preliminary hearing or grand jury presentation. Because Cattaraugus County courts sit in the Eighth Judicial District, local practice follows the district’s scheduling protocols. An experienced criminal defense attorney can help you understand the precise next steps for your case.

Cattaraugus County Supreme Court Court hours: Mon-Fri 9:00AM-5:00PM. Counsel appearing on criminal matters should plan filings accordingly.

Frequently Asked Questions

What is an arraignment in Cattaraugus County?

An arraignment is the initial court hearing where a judge formally reads the charges against a defendant and asks for a plea. In Cattaraugus County, the arraignment also serves as the proceeding where the judge determines whether the defendant will be released and on what conditions. The defendant is informed of the right to counsel, and if applicable, an attorney is assigned. The arraignment sets the tone for the rest of the case.

How soon after arrest is the arraignment held in Cattaraugus County?

New York law requires that an arrested person be brought before a judge for arraignment without unnecessary delay, typically within 24 hours. The exact timing depends on when the arrest occurred, jail processing, and court availability. In Cattaraugus County, weekend arrests may result in an arraignment the following business day. Prompt appearance protects the defendant’s rights and allows for a timely bail determination.

What is the difference between a misdemeanor and felony arraignment in Cattaraugus County?

The key difference is the court in which the arraignment takes place and the potential consequences that follow. Misdemeanor and violation-level cases are arraigned in the local criminal court. Felony charges are arraigned in County Court or Supreme Court. At a felony arraignment, the judge will also advise the defendant of the right to a preliminary hearing or grand jury action. The complexity and stakes are higher for felony matters.

Will I need a lawyer at my arraignment?

You have the absolute right to an attorney, and having one present is strongly advisable. The court will assign a public defender or an 18‑B panel lawyer if you cannot afford private counsel. However, consulting an attorney before your arraignment can help you understand the charges, evaluate release options, and prepare a response. A criminal defense lawyer can appear with you and begin advocating immediately.

What happens if I plead not guilty at my arraignment?

If you plead not guilty, the court schedules the next appearance—such as a preliminary hearing, a motion date, or a trial date—depending on the charge. In Cattaraugus County, the court will also address any discovery and may set dates for filing motions. The case moves forward with the presumption of innocence. You are not admitting any wrongdoing by entering a not‑guilty plea; you are simply preserving your rights.

What is an Adjournment in Contemplation of Dismissal (ACD) and can it happen at arraignment?

An ACD is a disposition where the case is adjourned for a period of six to twelve months and then automatically dismissed if the defendant avoids new arrests. While an ACD is usually discussed after the arraignment, the concept may be introduced at the first hearing. Eligibility depends on the charge and the defendant’s background. This option is available for many first‑time offenses in New York.

An Adjournment in Contemplation of Dismissal (ACD) may result in dismissal of charges after a period of six to twelve months if the defendant avoids new arrests.

Source: New York Criminal Procedure Law § 170.55. CPL § 170.55

Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.

How does New York’s bail reform affect arraignments in Cattaraugus County?

Bail reform eliminated cash bail for most misdemeanors and non‑violent felonies; defendants are generally released on their own recognizance or with non‑monetary conditions. The judge may still set bail for violent felonies and certain qualifying offenses. This shift means that at the arraignment in Cattaraugus County, the focus is often on release conditions rather than on setting a monetary bond. The court may also issue a desk‑appearance ticket (DAT) in lieu of arrest for some low‑level offenses.

What should I bring to my arraignment?

Bring valid identification, any paperwork you received from the police, and your attorney’s contact information. If you have documents that might be relevant to your release conditions—such as proof of employment or family ties—those can be helpful. Do not bring anything that could be considered a weapon or contraband into the courthouse. Plan to arrive early to navigate security and find the correct courtroom.

Can I change my plea after the arraignment?

Yes, you may withdraw a not‑guilty plea and enter a new plea at a later date, with the court’s permission. Plea changes often occur after discussions between your lawyer and the prosecution. The arraignment is not the final word; many cases resolve through negotiation or diversion programs long after the initial appearance. Your attorney will advise you on the trusted course of action as the case develops.

What happens after the arraignment for a felony in Cattaraugus County?

After a felony arraignment, the case typically proceeds to a preliminary hearing or a grand jury presentation. The purpose is to determine whether there is sufficient evidence for the case to continue. The district attorney’s office in Cattaraugus County handles the prosecution. Your attorney will receive discovery materials and can begin challenging the evidence. The timeline depends on the complexity of the case and the court’s calendar.

Can marijuana possession affect my arraignment in Cattaraugus County?

Under the Marijuana Regulation and Taxation Act, adult possession of up to three ounces of cannabis is legal, and such conduct will generally not result in prosecution. However, if a person is charged with driving while impaired by cannabis or possessing amounts above the legal limit, the arraignment will proceed on those charges. The legalization has changed how low‑level marijuana matters appear in court, but it does not erase all cannabis‑related offenses.

Possession of up to three ounces of cannabis by adults 21 and older is legal in New York.

Source: New York Penal Law § 222.05. NY PL § 222.05

Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., represents clients in criminal matters across western New York, including Cattaraugus County. As a former prosecutor, Mr. Sris brings insight into how the prosecution builds its case, and his Of Counsel team adds over 120 years of combined legal experience backed by 4,739+ documented firm-wide results; Results may vary. And prior outcomes do not guarantee a similar result. The firm’s Buffalo location provides a convenient point of contact for clients in Cattaraugus County and the Southern Tier. To schedule a consultation, call (888) 437-7747.

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Attorney advertising. This page is for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Statutes and their application change and vary by case. Prior results do not guarantee a similar outcome; results may vary. For advice about your specific situation, consult a licensed attorney. Attorney responsible for this advertising: Mr. Sris.