An arraignment is a first appearance in court at which you will be told the charges against you. The process for your arraignment differs depending on whether your are are facing a felony or misdemeanour charge.
FELONY ARRAINGMENT
New York Criminal Procedure Law § 180.10 outlines important legal rights for defendants arraigned on felony complaints. During arraignment, the court must clearly inform the defendant of the felony charges, explain that the primary purpose of the proceedings is to determine if they should be held for a grand jury, and ensure that the defendant knows their rights, including the right to legal representation and a timely preliminary hearing. Defendants who cannot afford an attorney will have one appointed.
Key Provisions:
- Right to Counsel: The defendant must be informed of their right to legal representation. If they cannot afford an attorney, the court is required to appoint one. The defendant can consult with an attorney before proceeding further in the arraignment.
- Preliminary Hearing: The defendant has the right to request a preliminary hearing within a reasonable period. This hearing aims to determine if there is enough evidence to establish probable cause that a crime was committed and that the defendant is involved. If probable cause is not established, the charges may be dismissed. The hearing serves as a safeguard against arbitrary detention without sufficient legal grounds.
- Copy of the Felony Complaint: The defendant must be given a copy of the felony complaint at the arraignment. This document contains the specific charges and supporting facts for the felony accusation, allowing the defendant and their counsel to prepare a defense effectively.
- Securing Order: After the arraignment, the court must issue a securing order to determine whether the defendant will be released, detained, or required to post bail. The decision is based on various factors, including the severity of the charges, the risk of flight, and the defendant’s potential danger to the community. The court can release the defendant on their own recognizance, set bail, or require pretrial detention based on the individual case circumstances.
- Defendant’s Right to Information: The court must inform the defendant of the nature of the charges and explain that the primary purpose of the proceedings is to determine whether they should be held for grand jury action. This ensures that the defendant is aware of the charges and legal process.
- Additional Rights: The statute guarantees that the defendant’s constitutional rights, including the right to remain silent and protection against self-incrimination, are preserved throughout the criminal process. These rights ensure that the defendant is treated fairly under the law, regardless of their financial situation or the severity of the charges.
Purpose of the Arraignment
The main objective of the arraignment under CPL § 180.10 is to ensure that the defendant is fully aware of the charges and their legal rights. The court must also determine whether there is enough probable cause to continue holding the defendant for further proceedings, including action by a grand jury. The arraignment and preliminary hearing protect the defendant from being unjustly detained without legal cause.
If probable cause is established during the preliminary hearing, the case proceeds to the grand jury stage, where the jury will decide whether to issue an indictment. If the evidence is insufficient, the charges may be dropped, and the defendant could be released.
Conclusion
CPL § 180.10 safeguards the rights of individuals accused of felonies in New York by ensuring they are informed of their charges, receive proper legal representation, and are subject to a fair and timely hearing. The law emphasizes the importance of due process and preventing arbitrary detainment. By outlining these rights and procedures, § 180.10 ensures that defendants are treated fairly during the initial stages of felony prosecution.
MISDEMEANOR
The arraignment process in local criminal courts is governed by specific statutes that outline the rights of defendants and the responsibilities of the court. According to Section 170.10 of the New York Criminal Procedure Law, defendants must generally appear personally for arraignment, with some exceptions
Exceptions to Personal Appearance
- In cases involving simplified information, if a procedure exists that dispenses with personal appearance, it remains valid.
- When a summons or appearance ticket is issued, the court may permit the defendant to appear by counsel for good cause shown.
Court’s Responsibilities
During arraignment, the court must:
- Inform the defendant of the charges and provide a copy of the accusatory instrument1.
- Advise the defendant of their rights, including the right to counsel at all stages of the proceedings1.
- Inform the defendant of potential consequences of conviction, especially for traffic-related offenses.
Defendant’s Rights
The statute emphasizes the defendant’s right to counsel, stating that if they appear without an attorney, they have the right to:
- An adjournment to obtain counsel1.
- Communicate free of charge to arrange for counsel or inform others of their situation1.
- Have counsel assigned by the court if financially unable to obtain one, except for cases involving only traffic infractions.
Proceeding Without Counsel
In cases involving only traffic infractions, the court must permit the defendant to proceed without counsel if they choose to do so
1. For all other cases, the court must ensure the defendant understands the significance of proceeding without counsel before allowing it.
Securing Orders
After arraignment, the court must issue a securing order, either releasing the defendant on their own recognizance or setting bail, as per Section 530.20
1. An exception exists when a defendant appears by counsel, in which case they must be released on their own recognizance
Special Provisions for Harassment Charges
For cases involving harassment in the second degree (Penal Law Section 240.26) against family members:
- The prosecution may serve a notice alleging the family or household relationship within 15 days of arraignment1.
- If the defendant stipulates or admits to the relationship, it is considered established1.
- If denied, the prosecution must prove the relationship beyond a reasonable doubt.
Restrictions on Plea Acceptance
The statute prohibits local criminal courts from accepting guilty pleas to certain Vehicle and Traffic Law violations (Section 1192) within 30 days of arraignment without the district attorney’s written consent, particularly in cases involving death or serious physical injury
Corporate Defendants and Off-Hours Arraignments
The section does not apply to corporate defendants, which are governed by Article 600.
1. When an off-hours arraignment part is operating, proceedings must be adjourned there if no counsel is available for a defendant who wishes to have representation
2.These statutory provisions ensure that defendants are informed of their rights, have access to legal representation, and are treated fairly during the arraignment process. They also provide guidance to the court on how to handle various scenarios that may arise during arraignment, balancing the rights of the accused with the need for efficient judicial proceedings.