What happens at an arraignment in New York? The judge tells you the charges, confirms your right to a lawyer, takes a plea when one is required, decides on release or bail, and sets your next date. If you are held after an arrest, it usually happens within about 24 hours.
Decisions made in a few minutes can shape the months that follow. This guide explains what happens at an arraignment and how the arraignment process works in Syracuse.
What is an arraignment?
An arraignment is the first hearing where a person who has been charged appears before the judge handling the case. It is not a trial. The judge does not hear witnesses or decide guilt. You are presumed innocent at every stage.
New York has three common kinds of arraignment, and each follows its own statute:
- Misdemeanor charges: arraignment on an information or misdemeanor complaint (CPL §170.10).
- Felony complaint: the first appearance in a local court on a felony charge (CPL §180.10).
- Indictment: arraignment in County Court after a grand jury acts (CPL §210.15).
How soon after an arrest is the arraignment in New York?
CPL §140.20(1) says police must finish booking tasks, such as recording and fingerprinting. Then they must bring the arrested person to a local criminal court “without unnecessary delay“. The statute does not name a number of hours.
Courts filled that gap. In People ex rel. Maxian v. Brown (1991), New York’s highest court affirmed rulings that treat a delay of more than 24 hours as presumptively unnecessary unless it is explained. It is a presumption, not a fixed cutoff.
Timing depends on how you were charged:
| Situation | What to expect | Source |
|---|---|---|
| Arrested and held | Arraignment usually within about 24 hours | CPL §140.20(1); Maxian |
| Released with an appearance ticket | Return date within 20 days, or the next scheduled court session if that is later | CPL §150.40(1) |
| Held on a felony complaint | After more than 120 hours (144 if a weekend or holiday falls in that time) with no hearing or other disposition, you can ask for release on your own recognizance, with exceptions | CPL §180.80 |
| Indicted | You must appear in person for arraignment in County Court | CPL §210.10 |
What if you got an appearance ticket?
Since January 1, 2020, CPL §150.20(1)(a) has directed police to issue an appearance ticket, instead of holding someone for arraignment, for most offenses other than class A, B, C or D felonies. That reaches most misdemeanors and class E felonies.
Police need not issue one in some cases, such as an open warrant, a missed court date in the past two years, or a charge involving a family or household member (CPL §150.20(1)(b)). A ticket does not cancel the arraignment. It sets the date.
What happens at an arraignment, step by step?
| Step | What happens | What you should do |
|---|---|---|
| 1. Case is called | The court calls your name and the charge. | Stand when called. Answer only what the judge asks. |
| 2. Charges explained | The judge states the charges, and you get a copy of the charging paper (CPL §§170.10(2), 180.10(1), 210.15(1)). | Keep the copy for your lawyer. |
| 3. Right to counsel | You may have a lawyer at arraignment and every later stage. If you cannot afford one, the court assigns one (CPL §§170.10(3), 180.10(3), 210.15(2)). | Say clearly that you want a lawyer. |
| 4. Plea, if required | On an information, you must plead (CPL §170.60). On a misdemeanor complaint, you cannot be required to plead without consent (CPL §170.10(4)(d)). On a felony complaint, the focus is whether the case goes to a grand jury. On an indictment, you may plead not guilty (CPL §220.10(1)). | Do not plead guilty on day one without legal advice. |
| 5. Hearing rights (felony complaint) | You may have a prompt hearing on whether there is enough evidence to hold you for the grand jury, or you may waive it (CPL §180.10(2)). | Let your lawyer advise you. |
| 6. Release decision | The judge issues a securing order: release on your own recognizance, release with conditions, or bail where the law allows (CPL §§170.10(7), 180.10(6), 210.15(6)). | Share facts about work, family and local ties through your lawyer. |
| 7. Protection order | The judge may issue a temporary order of protection (CPL §§530.12, 530.13). | Follow it exactly. |
| 8. Next date | The judge adjourns the case to a future date. | Write the date down and arrive early. |
Will the judge set bail or release you?
Often the answer is release. CPL §510.10(1) requires an individualized decision about whether you are likely to return to court. The judge looks at factors such as your record, your history of coming to court, and any past violation of an order of protection.
The charge matters most. CPL §510.10 splits offenses into two groups:
- Non-qualifying offenses: The judge must release you on your own recognizance. The only exception is a finding, on the record or in writing, that this will not reasonably assure your return. Then the judge must use non-monetary conditions (CPL §510.10(3)).
- Qualifying offenses: The judge may release you, set bail, combine conditions with bail, or, for a qualifying felony, commit you to the sheriff’s custody (CPL §510.10(4); CPL §530.20(1)(b)).
The qualifying list includes most violent felonies in Penal Law §70.02 (with some exceptions), witness tampering, felony sex offenses, any crime alleged to have caused a death, certain offenses against family or household members, and some repeat-offender situations. The judge must explain the choice on the record or in writing.
A city, town or village court cannot order recognizance or bail on a class A felony charge, or on a felony charge when you have two prior felony convictions (CPL §530.20(2)(a)).
Bail rules were amended in 2020, 2022 and 2023. The version of §510.10 on the New York State Senate website, checked November 2, 2026, shows its latest amendment in 2023.
Facing arraignment in Syracuse or Central New York? Call 315-424-8326 for a free, confidential consultation with a team of former Onondaga County prosecutors.
Can an order of protection be issued at arraignment?
Yes. For good cause, a judge can issue a temporary order of protection along with the release decision. CPL §530.12(1) covers family offenses. CPL §530.13(1) covers other crimes. A court may even issue one without the defendant present when the charging paper is filed (CPL §530.12(3)).
The order can require you to stay away from a person’s home, school, business or workplace. It can bar harassment, intimidation and threats.
A temporary order is not a finding of guilt. But it is a court order. Violating it can lead to a new charge, such as criminal contempt in the second degree, a class A misdemeanor (Penal Law §215.50).
Misdemeanor vs. felony arraignments in Onondaga County
Misdemeanors
Misdemeanor cases start in a local criminal court. In Onondaga County, that means Syracuse City Court or a town or village court, such as those in Clay, Salina, Cicero, DeWitt, Manlius or Camillus.
The first paper is often a misdemeanor complaint. The prosecution generally must replace it with an information, and you can waive that right (CPL §170.65). After arraignment, a lawyer can also move to dismiss a defective paper (CPL §170.30). Our felony and misdemeanor defense in Syracuse starts by reading what that paper actually alleges.
Felonies and indictments
A felony case also starts in a local court, on a felony complaint. The court explains that the main purpose is to decide whether to hold the case for a grand jury (CPL §180.10(1)).
If the grand jury indicts, you are arraigned again in Onondaga County Court. You must appear in person (CPL §210.10). The district attorney gives you a copy of the indictment (CPL §210.15(1)), and you may enter a not guilty plea.
Where arraignments happen in Central New York
Inside Onondaga County, arraignments take place in Syracuse City Court, in town and village courts, and, after an indictment, in Onondaga County Court. Outside Onondaga County, arraignments happen in courts such as Auburn City Court (Cayuga County) and Oswego City Court (Oswego County), plus town and village courts. Check the court, date and time on your paperwork.
How to prepare for your arraignment
Knowing what happens at an arraignment helps, but you may have little time. These steps help:
- Confirm the court and time. Use your ticket or court notice.
- Call a lawyer first if you can. With an appearance ticket, a court may allow a lawyer to appear for good cause, but do not assume so (CPL §170.10(1)(b)).
- Gather basic facts. Think about your job, address, family ties and phone number.
- Do not talk about the case. Not with police, others or online. See why speaking to police without a lawyer is risky.
- Know your rights. Read about your constitutional rights during a criminal case.
- Just arrested? Start with what to do after a criminal arrest in Syracuse.
If police found drugs or a gun in a shared car or home, read how constructive possession works in New York. For more general answers, see our criminal defense FAQs.
Charged with a crime in Syracuse or Central New York? Call 315-424-8326 for a free, confidential consultation with a team of former Onondaga County prosecutors. Phones are answered 24/7.
Cambareri & Brenneck, PLLC is a Syracuse, NY criminal defense firm founded by former Onondaga County prosecutors. Our office is at 300 South State Street, 1st Floor, Syracuse, NY 13202, open Monday to Friday, 9 am to 5 pm.
Frequently Asked Questions
<!– wp:rank-math/faq-block {"titleWrapper":"p","questions":[{"id":"faq-question-1793601454319","title":"Do I have to plead guilty at my arraignment?“,”content”:”No. You are never required to plead guilty at arraignment. A not guilty plea denies the charges and keeps your options open. Talk with a lawyer before you make any plea decision, because a guilty plea can end the case and carry lasting consequences.”,”visible”:true},{“id”:”faq-question-1793601460074″,”title”:”Can a lawyer go to my arraignment for me?“,”content”:”Sometimes. With an appearance ticket, the court may let your lawyer appear for you if there is good cause. That is up to the judge. On an indictment, you must appear in person. Ask your lawyer whether your own appearance is required.”,”visible”:true},{“id”:”faq-question-1793601463437″,”title”:”When do prosecutors have to share their evidence?“,”content”:”Initial discovery is due within 20 calendar days after arraignment if you are in custody and 35 days if you are not. If materials are very large or not yet in the prosecution’s hands, the deadline can be stayed up to 30 more days. The discovery law was amended in August 2025.”,”visible”:true},{“id”:”faq-question-1793601470153″,”title”:”Does being arraigned mean I was convicted?“,”content”:”No. An arraignment is not a trial and not a finding of guilt. It is the first formal step, where the court tells you the charges, addresses your right to a lawyer, and decides on release. You remain presumed innocent until the prosecution proves the charge or you plead guilty.”,”visible”:true},{“id”:”faq-question-1793601485669″,”title”:”What if I cannot afford a lawyer?“,”content”:”At misdemeanor, felony complaint and indictment arraignments, the court must assign a lawyer if you cannot afford one. You can also ask the court to adjourn the arraignment so you can find a lawyer. Tell the judge you want counsel before answering questions about the case.”,”visible”:true}]} –>Do I have to plead guilty at my arraignment?
Can a lawyer go to my arraignment for me?
When do prosecutors have to share their evidence?
Does being arraigned mean I was convicted?
What if I cannot afford a lawyer?
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.