What happens at a criminal arraignment in Clinton County
After an arrest in Clinton County, New York, your first court appearance is the arraignment. This is where a judge or judicial officer formally reads the charges against you, advises you of your right to an attorney, and asks you to enter a plea. The court also addresses bail and any conditions of release. In New York, arraignment must be held without unnecessary delay — typically within 24 hours of arrest for misdemeanors and, for felonies, at a hearing in the local criminal court before the case moves to County Court or Supreme Court Criminal Term. Law Offices Of SRIS, P.C. represents individuals at arraignments and throughout criminal proceedings in Clinton County. Mr. Sris, Owner and Founder, and his Of Counsel team are admitted in New York and other states and work to protect your rights from the earliest stage of your case. To speak with us about representation, call (888) 437-7747. Results may vary. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
The Criminal Arraignment Process in Clinton County, New York
When law enforcement makes an arrest in Clinton County, the individual is taken to a local police station for booking and then brought before a judicial officer for arraignment. The location of the arraignment depends on the seriousness of the charge. Misdemeanor and violation-level offenses are arraigned in the local criminal court, such as the Clinton County Justice Court or the town or village courts that sit within the county. Felony charges begin with an arraignment in a local criminal court and are later transferred to the Clinton County Supreme Court Criminal Term, located at 137 Margaret Street, Plattsburgh, NY 12901.
At the arraignment, the judge will read the charges — or the prosecutor will summarize them — and ask whether you understand them. You will also be told that you have the right to an attorney and, if you cannot afford one, that the court may assign a public defender or an attorney from the 18-b panel, depending on your financial situation. You are then asked to enter a plea. The three most common pleas at arraignment are not guilty, guilty, or, in some cases, a plea of nolo contendere, though New York practice is to enter a not guilty plea at this early stage while the defense reviews the case. The court will also address whether the defendant will be released from custody pending trial. Under New York’s 2020 bail reform, cash bail has been eliminated for most misdemeanors and non-violent felonies, so many people are released on their own recognizance or with conditions — such as supervised release — rather than posting money. For certain violent felonies and other qualifying offenses, the judge retains the ability to set bail or order detention. The arraignment is a critical moment. Having an experienced attorney at your side helps ensure that you are not held unnecessarily, that your bail or release conditions are as favorable as possible, and that your plea is entered strategically with the full picture in mind.
Frequently Asked Questions
What is a criminal arraignment?
An arraignment is the first formal court appearance after an arrest, during which the defendant is informed of the charges, advised of the right to counsel, and asked to enter a plea. It is not a trial. The purpose is to start the case on the record, to make sure the defendant understands the nature of the allegations, and to address the question of whether the defendant will be released from custody while the case proceeds. In Clinton County, this hearing usually occurs within a day of arrest for misdemeanors and within a similar timeframe for felonies at the local court level.
When will my arraignment take place in Clinton County?
In New York, you must be arraigned without unnecessary delay, which is generally within 24 hours of arrest for lesser offenses and within a comparable period for felonies at the local court level. The exact timing depends on when you were booked, whether you were arrested on a weekend, and the court’s business hours. Because arraignment must be held promptly, the process moves quickly. Having an attorney ready to appear can help you avoid delays and preserve your rights.
What happens during an arraignment?
The judge reads or summarizes the charges, advises you of your right to an attorney, asks how you plead, and decides whether you will be released or held while the case is pending. You will be given an opportunity to make a statement, but it is generally advisable to speak with counsel before saying anything beyond entering a plea. The court will also address any bail or supervised-release conditions at this hearing.
What plea can I enter at an arraignment?
You may plead guilty, not guilty, or, in limited circumstances, nolo contendere. Most defendants plead not guilty at arraignment to preserve all legal options while the case is investigated and discovery is reviewed. Pleading guilty at arraignment is possible but usually happens only when a negotiated disposition has been arranged in advance. In Clinton County, it is wise to have an attorney before making any plea decision.
Will I be released after arraignment or held in jail?
Under New York’s 2020 bail reform, most people charged with misdemeanors or non-violent felonies are released on their own recognizance or with non-monetary conditions. Cash bail is now limited to violent felonies and a narrow set of qualifying charges. The judge will consider factors such as the nature of the offense, your ties to the community, and your criminal history. If bail is set, you may be held until it is posted.
Do I need a lawyer at my arraignment?
While you are not legally required to have a lawyer at arraignment, having one can make a significant difference in the outcome. An attorney can argue for your release or for minimal conditions, can advise you on the appropriate plea, and can immediately begin investigating the case. The earlier counsel is involved, the better your chances of a favorable resolution.
What if I cannot afford an attorney?
If you cannot afford private counsel, the court will assign a public defender or an attorney from the assigned-counsel panel to represent you. You must request assignment at the arraignment. The judge will evaluate your financial situation; if you qualify, counsel is provided at no cost to you. You are entitled to representation from the earliest stage of the proceedings.
What happens if I miss my arraignment date?
Missing an arraignment can result in the court issuing a bench warrant for your arrest. If you are released before arraignment on a desk‑appearance ticket and fail to appear, you can be charged separately with bail jumping, which may be a new crime. If you realize you have missed court, contact an attorney immediately to explore options for appearing voluntarily before a warrant is executed.
Can charges be dropped at arraignment?
It is rare for charges to be dismissed at arraignment, but it can happen if there is a clear legal defect, such as insufficient evidence or a procedural violation. More commonly, the prosecutor will present the charges and the case will move forward into the pretrial phase, where motions, negotiations, and further investigation can lead to dismissal, reduction, or a favorable plea.
What happens after the arraignment?
After arraignment, the case proceeds to the pretrial phase, which may include discovery, motion practice, further court appearances, and, if no plea is reached, a trial. In Clinton County, the timeline and next steps depend on whether the charge is a misdemeanor or a felony. For felonies, the matter will be presented to a grand jury unless waived, and the case will move to County Court or Supreme Court Criminal Term for all further proceedings.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced criminal defense since founding the firm in 1997. A former prosecutor, he understands how criminal cases are built from both sides of the courtroom. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Mr. Sris works with a team of experienced Of Counsel attorneys who bring substantial litigation backgrounds to every case. Together, Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas since 1997, and they bring over 120 years of combined legal experience. Results may vary. The firm serves clients in Clinton County from its New York location at 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202. All consultations are by appointment. Reach us at (888) 437-7747 or (838) 292-0003 to schedule.
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