Your New York Arraignment
Your ARRAIGNMENT is a very important and strategic phase of the judicial process and when your NEW YORK DEFENSE ATTORNEY states your plea. At an arraignment there will be a formal reading of the criminal complaint so that the defendant may hear and understand the charges being placed against him or her. The defendant is then asked to present a “plea”. Pleas include: “guilty”, “not guilty”, as well as, a peremptory plea. A peremptory plea is a plea that tells the prosecution and judge why a trial cannot proceed.
In US Federal courts there are actual two arraignments, the first of which occurring within 48 hours of arrest. The initial arraignment is when the impending charges are read to the defendant and he or she is informed of their rights to counsel. At this initial arraignment bail is set. It is at the second arraignment, the post-indictment arraignment, that the defendant’s plea is submitted.
If you have pled “guilty” at an arraignment the courts have the choice of accepting this plea or rejecting it. If they accept it you will then proceed into the evidentiary hearing phase of the process whereupon the judge will review the case, look upon any mitigating circumstances, assess your character, and then pass sentence.
If you plead “not guilty” then a preliminary hearing will be set by the judge and the case proceeds to trial.
It is very important to fully understand this phase of the judicial process and work with your New York City criminal attorney to select a plea appropriate to the case and your best interests.
The New York City defense attorneys at Bukh & Associates will be your fierce advocates throughout the various phases of the criminal process. We are hands on throughout all stages of the legal criminal process from pretrial investigations and negotiations to trial.