What Happens at an Arraignment?

An arraignment is typically the first proceeding where a defendant is brought before a judge.  The Court must inform the individual of the charge(s) and determine whether bail is appropriate or if the person should be released on their own recognizance.

When deciding bail, the Court considers the defendants ties to the community and whether he will be a flight risk.     Some factors weighed include whether the defendant’s ties to the community, including whether he lives with and visits family, is employed, has a previous criminal history, and whether she has failed to appear at previous scheduled court proceedings.

An arraignment is typically the first proceeding where a defendant is brought before a judge.  The Court must inform the individual of the charge(s) and determine whether bail is appropriate or if the person should be released on their own recognizance.

When deciding bail, the Court considers the defendants ties to the community and whether he will be a flight risk.     Some factors weighed include whether the defendant’s ties to the community, including whether he lives with and visits family, is employed, has a previous criminal history, and whether she has failed to appear at previous scheduled court proceedings.

Additionally, the Court makes determinations about whether temporary action should be taken on a defendant’s driver’s license or whether an order of protection should be issued.

It is important to contact an attorney before an arraignment because many rights can be jeopardized without proper legal representation.  After an arrest, an individual has certain rights, better known as the Miranda rights.  These rights include the right to remain silent, have an attorney, and a warning that anything said can be used against the individual in a court of law.  It is vital to have legal rights protected from the time of arrest, and an individual can feel more secure with legal representation during an arraignment because a plea must be entered and release terms are set.

In addition, an experienced attorney should handle the arraignment to make sure a proper bail application is made, and to ensure that the defendant’s rights are protected.

We are a former judge and former prosecutors, and we have conducted more than 100,000 arraignments.   If you or your loved one has been arrested, call the Suffolk County Criminal Defense Attorneys at McGuire and Pelaez at (631)348-1702.