What happens at a criminal arraignment in Queens
If you have been arrested or received a desk appearance ticket in Queens, your first court appearance is called an arraignment. At an arraignment, the judge formally reads the criminal charges against you, you enter a plea of guilty or not guilty, and the court addresses whether you will be released or held while the case is pending. In Queens County, misdemeanor arraignments are held at the NYC Criminal Court — Queens, located at 125-01 Queens Boulevard in Kew Gardens, while felony arraignments take place at the Queens County Supreme Court Criminal Term at 88-11 Sutphin Boulevard in Jamaica. New York’s 2020 bail reform eliminated cash bail for most misdemeanors and non-violent felonies, so many defendants are released on their own recognizance after arraignment. The arraignment typically occurs within 24 hours of arrest, making it critical to have an experienced criminal defense advocate ready to argue for your release and to help you understand the charges. For guidance on your specific matter, reach Law Offices Of SRIS, P.C. at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Happens at a Criminal Arraignment in Queens County
An arraignment is the formal start of a criminal case in court. After you are arrested, the police bring you to the local precinct for processing and then transport you to the courthouse for your arraignment. In Queens, the process moves quickly: for misdemeanor charges, arraignment generally occurs at the NYC Criminal Court — Queens within 24 hours; for felony charges, the case is presented to a grand jury for indictment, and the arraignment takes place in Supreme Court Criminal Term after the indictment is filed.
During the proceeding, the judge will inform you of the charges by reading the complaint or indictment aloud. You then enter a plea. If you plead not guilty, the case is adjourned for further proceedings and the judge addresses the issue of release. Under New York’s bail reform, most misdemeanors and many non-violent felonies do not require bail; defendants are released on their own recognizance or with limited conditions like reporting to a pretrial services agency. If the case is a violent felony or a qualifying offense, the judge may set bail or order detention. The arraignment is also where counsel for the first time can argue for a lower bail amount or for the court to release you without bail. After the plea and bail determination, the judge will schedule the next court date, which is typically a conference or hearing date for misdemeanors or a control date for felonies.
A Queens arraignment can also address other important matters. In some first-time offender cases, an Adjournment in Contemplation of Dismissal (ACD) may be offered, where the case is adjourned for a period of generally six to twelve months and then automatically dismissed if you stay out of trouble. The prosecution may also move to reduce or dismiss charges if there are evidentiary weaknesses. Because so much can happen at this first appearance, having an attorney who knows the Queens courts is essential.
Frequently Asked Questions
What exactly is a criminal arraignment?
An arraignment is the first court appearance after an arrest, where you are formally told what you are charged with and are asked to enter a plea. In New York, you can plead guilty, not guilty, or, in rare circumstances, no contest. The judge also addresses release — whether you will be held in jail while the case is pending or released with or without bail. The arraignment sets the stage for the rest of the criminal case, so it is important to have a lawyer with you to protect your rights from the very start.
When does arraignment happen after an arrest in Queens?
For most misdemeanor arrests in Queens, the arraignment happens within 24 hours of the arrest, often the very next business day. The police are required by New York law to bring you to court without unnecessary delay. If you are arrested on a Friday, the arraignment may occur over the weekend because Queens Criminal Court holds weekend and holiday arraignment sessions. For felony arrests, the arraignment may take a little longer because a grand jury must first vote to indict, but typically it still happens within a few days if you are in custody.
Do I need a lawyer at my arraignment?
You have the right to be represented by a lawyer at your arraignment, and it is strongly advisable to have one present. If you cannot afford an attorney, the court will assign a public defender or an 18‑b panel attorney to you at the arraignment. However, a private attorney you have already hired can immediately advocate for your release and may be able to negotiate with the prosecutor on the spot, which can make a significant difference in whether you are released and what the conditions will be.
What happens with bail at a Queens arraignment?
Under New York’s 2020 bail reform, most misdemeanor and many non‑violent felony charges no longer require bail; defendants are released on their own recognizance. If you are charged with a violent felony or one of the qualifying offenses listed in CPL § 510.10, the judge may set cash bail, bond, or order supervised release conditions. At the arraignment, your attorney can argue that bail should be set at a lower amount or that you should be released without bail. The judge considers factors like your ties to the community, employment, and criminal history.
What is a Desk Appearance Ticket (DAT)?
A Desk Appearance Ticket (DAT) is an order to appear in court on a future date, issued instead of holding you for an immediate arraignment. It is commonly given for low‑level offenses like shoplifting, possession of a small amount of marijuana (now legal for adults 21+), or disorderly conduct. With a DAT, you are not brought before a judge right away; instead, you are released from the precinct and told when to come to court for arraignment. Even with a DAT, you should still plan to have a lawyer with you on that date.
What is an Adjournment in Contemplation of Dismissal (ACD)?
An ACD is a disposition in New York where the court adjourns the case for a set period — usually six to twelve months — and then dismisses the charges if you avoid new arrests and comply with any conditions. An ACD is often offered at arraignment or shortly after for first‑time non‑violent offenses. It is not a conviction and can later be sealed from your record. If you successfully complete the ACD period, the case is dismissed on the adjournment date and you will not have a criminal conviction.
Can charges be dropped at arraignment?
Yes, it is possible for charges to be dismissed or reduced at an arraignment, although most dismissals happen later in the case. The prosecutor may decide the evidence is insufficient, or the defense attorney may point out a legal defect in the complaint. If the alleged conduct does not constitute a crime, the judge may dismiss on the spot. While not common at the very first appearance, a strong defense argument can sometimes lead to a favorable outcome immediately.
What happens if I miss my arraignment date?
If you fail to appear for a scheduled arraignment, the judge will issue a bench warrant for your arrest. That means the police can arrest you and bring you before the court at any time. A missed arraignment can also lead to additional charges, make it harder to get bail, and weaken your defense. If you cannot make the date, contact your attorney immediately to ask the court for an adjournment.
What should I bring to my arraignment?
While most people go directly from police custody to arraignment with only the clothes they are wearing, if you are appearing on a DAT, bring your ticket, any paperwork you received, and identification. Your lawyer will handle the legal arguments, but having documents that show community ties — such as proof of employment, lease, or family relationships — can help your attorney argue for your release without bail or with favorable conditions.
How do I hire a criminal defense lawyer for Queens?
Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation about your Queens criminal matter. Mr. Sris, the firm’s Owner and Founder, is a former prosecutor with extensive criminal defense experience and is admitted to practice in New York, as well as in Virginia, Maryland, the District of Columbia, and New Jersey. He and his Of Counsel team represent clients in Queens County from the firm’s Buffalo location and work to protect your rights at every stage, starting at the arraignment.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing law since 1997 and is a former prosecutor. Admitted to the bar in New York, Virginia, Maryland, the District of Columbia, and New Jersey, he handles a wide range of criminal defense matters. Mr. Sris keeps his caseload limited to ensure individual case review, and he works alongside experienced Of Counsel attorneys who collectively bring over 120 years of combined legal experience with 4,739+ documented firm-wide results. Results may vary. Together, they appear in Queens County courts regularly, from the initial arraignment through trial, and are prepared to advocate for fair release conditions, negotiate with prosecutors, and seek dismissals or reductions. For a consultation about your Queens arraignment or any pending criminal charge, reach the firm’s location at (888) 437-7747.
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