Arraignment
by Seth Azria on 5/31/2015
“Arraignment” means the occasion upon which a defendant against whom an accusatory instrument has been filed appears before the court in which the criminal action is pending for the purpose of having such court acquire and exercise control over his person with respect to such accusatory instrument and of setting the course of further proceedings in the action. NY CPL § 1.20 (9).
The arraignment is generally the defendant's first appearance in court and when the defendant enters a plea, typically not guilty. The judge also determines whether the defendant will have to post bail, be released on their own recognizance, or otherwise, while the case is pending. In DWI cases, if the judge has a certified BAC reading, the judge will suspend the defendant's driving privileged while the case is pending. This is also when our defense attorneys will make a motion to the court for a hardship privilege so that our client can drive to work, school, and medical appointments while the case is pending.