Arraignment

An arraignment is the first time that the defendant will be brought before a criminal  trial court judge. The defendant has the constitutional right to have an attorney present during his arraignment. A defense attorney may be appointed by the court (Legal Aid Society, Assigned 18B representation) or retained by the defendant. The defense attorney will meet with the defendant prior to the case being called. The defense attorney is provided with a copy of the charges, a prior history of the defendant’s criminal record (rap sheet) and the CJA interview sheet.

          At the arraignment, the judge is principally interested in the issue of bail:  How serious are the charges in question; is the evidence against the defendant strong; is the defendant a danger to the community; does the court have reason to believe that the defendant will not return to court for subsequent court appearances? These are the factors a judge will weigh in determining whether bail is appropriate. Sometimes the judge will release the defendant on his own recognizance (ROR).

          The judge sets bail to guarantee the defendant’s presence in court. Bail is usually established in two forms: cash or bail bond. Find a licensed bail bond company in your local yellow pages.

          The judge may also issue, if applicable, temporary orders of protection. Such orders prevent a defendant from having any contact with the person named in the order. Violation of such an order can be separately charged as Criminal Contempt.