What happens at a criminal arraignment in Orleans County
You were arrested in Albion, Medina, or one of the smaller communities in Orleans County, and you have a court date coming up for your arraignment. The days between an arrest and that first appearance can feel overwhelming. At the arraignment, you will learn the exact charges against you, enter a plea, and the court will determine your release conditions under New York’s bail laws. For many defendants, the arraignment is their first opportunity to speak with a lawyer about the case. Mr. Sris, a former prosecutor who founded Law Offices Of SRIS, P.C. in 1997, and his Of Counsel team regularly appear in Orleans County courts and can explain what to expect and how to approach the proceeding. To request a consultation before your court date, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What to Expect at an Orleans County Arraignment
An arraignment in Orleans County is a brief, formal court appearance. If you are charged with a misdemeanor or violation-level offense, your case will be heard in the Local Criminal Court of the town or village where the arrest occurred. If you were arrested by the Orleans County Sheriff’s Office or a state trooper, the case may be filed in the centralized Orleans County Court, which sits at the Supreme Court building at 1 South Main Street, Suite 3, Albion, New York 14411. Felony charges are handled at the County Court level or, in some cases, the Supreme Court Criminal Term.
At the arraignment, the judge or justice will read the charges aloud or provide a copy of the accusatory instrument. You will be asked to enter a plea—guilty, not guilty, or no contest. In most misdemeanor cases, especially those involving first-time defendants, the court will address release conditions on the spot. New York’s 2020 bail reform eliminated cash bail for most misdemeanors and non-violent felonies. Many defendants are released on their own recognizance (ROR) or with non-monetary conditions. However, bail may still be set for certain violent felonies and qualifying offenses. The judge will also schedule the next court date, which could be a conference, a hearing, or a trial date. If you do not have a lawyer, the court will inform you of your right to counsel and may adjourn the case to allow you time to find an attorney or apply for an assigned counsel through the public defender or 18-b panel.
Frequently Asked Questions
Do I need a lawyer at my arraignment in Orleans County?
While you have the right to represent yourself, having a criminal defense lawyer at your arraignment helps protect your rights and avoids unintentional statements that could later be used against you. The lawyer can enter a not guilty plea on your behalf, argue for release without bail or with favorable conditions, and begin discussing the case with the prosecutor that same day. Because the arraignment is often the first and only chance to secure release conditions before a bail review hearing, having an attorney present is important. Even if you later retain a different lawyer, having counsel present at the arraignment can preserve options.
Will I be released from custody at the arraignment?
In Orleans County, many defendants are released at arraignment under New York’s 2020 bail reform laws, but the outcome depends on the charges and your history. For most misdemeanors and non-violent felonies, cash bail is no longer an option; the court will either release you on your own recognizance or impose non-monetary conditions such as pretrial supervision, travel restrictions, or an order of protection. If the charge is a violent felony or a qualifying offense under the bail statute, the judge may set bail. The prosecutor’s recommendation and any prior failures to appear will influence the decision.
What should I say at my arraignment?
At arraignment, you should provide your name, listen carefully to the charges, and enter a plea; beyond that, it is generally advisable not to discuss the facts of the case or answer questions without your lawyer present. Anything you say can be used by the prosecution later. If you are asked about your employment, family situation, or address, the information is typically used for bail determination, but you can ask to speak with an attorney first. A lawyer can advise you on what is appropriate to say in your specific situation.
What happens if I plead not guilty in Orleans County?
If you plead not guilty, the court will set a future date for a pretrial conference, hearing, or trial, depending on whether the charge is a misdemeanor or felony. In misdemeanor cases, the next date is often a conference with the prosecutor. For felonies, the case may be presented to a grand jury, and you may have a preliminary hearing or a scheduling conference. Your lawyer will receive the initial discovery and can begin reviewing the evidence, identifying legal issues, and negotiating with the prosecution.
Can the charges be dropped at the arraignment?
It is uncommon for charges to be dismissed at arraignment, but a lawyer can sometimes persuade the prosecutor to withdraw or reduce charges if there is an obvious legal problem. More often, dismissal or reduction occurs after the arraignment once the defense has investigated the evidence and raised appropriate motions. The arraignment is the starting point of the case, not the end. Nevertheless, having an attorney present can surface issues that might lead to an early resolution.
What is an Adjournment in Contemplation of Dismissal (ACD) in Orleans County?
An ACD is a New York disposition that allows certain first-time offenders to have their charges dismissed after a period of good behavior, typically six or twelve months. If granted, the case is adjourned without a conviction, and if no new arrests occur during that period, the charges are automatically sealed and dismissed. The prosecutor must agree to an ACD; it is not automatic. A lawyer can discuss whether your case might be eligible for an ACD under the Criminal Procedure Law.
How long does a criminal case take in Orleans County after the arraignment?
The timeline varies based on the charge, whether it is a misdemeanor or felony, the court’s calendar, and the complexity of the evidence. Simple misdemeanors might be resolved within a few months, while felony cases can take six months to a year or longer. New York’s speedy trial statute, CPL § 30.30, sets readiness deadlines for the prosecution. Your attorney can evaluate whether any delays in your case affect those deadlines.
What if I miss my arraignment in Orleans County?
Missing your arraignment can result in a bench warrant for your arrest and may subject you to additional charges, such as bail jumping. The court takes failure to appear seriously. If you realize you have missed the date, contact a criminal defense lawyer immediately to discuss how to address the warrant and reschedule. An attorney may be able to have the warrant vacated and the case put back on the calendar.
Do I have to speak in court at the arraignment?
You will be required to answer basic questions such as your name and you will be asked for your plea, but you are not required to discuss the circumstances of your arrest or say anything else. Your attorney can handle the formal parts of the proceeding on your behalf, including requesting release conditions. If you appear without a lawyer, the judge may ask whether you understand the charges and whether you want a postponement to obtain counsel.
What court handles arraignments in Orleans County?
Misdemeanor and violation arraignments usually occur in the local criminal court of the town or village where the arrest took place; felony arraignments are conducted at the Orleans County Court or Supreme Court Criminal Term in Albion. The central court address is the Orleans County Supreme Court at 1 South Main Street, Suite 3, Albion, NY 14411, which serves as the main courthouse for the county. Your attorney can confirm the specific court location and time from the paperwork you receive.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with extensive experience in criminal defense. He founded the firm in 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Along with his Of Counsel, Mr. Sris serves clients in Orleans County courts, including those facing arraignments on misdemeanor and felony charges. The firm’s Buffalo location at 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, New York 14202, provides convenient access for clients throughout Western New York. Phone lines are answered 24 hours a day, 365 days a year at (888) 437-7747. To request a consultation about your upcoming arraignment or any criminal matter, call us.
For a more detailed statutory overview of New York criminal procedure and the defenses that may apply, visit our firm’s comprehensive analysis.
Additional resources: Orleans County Courts (NYS Unified Court System) | New York Penal Law
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