Arraignment

The Arraignment is generally conducted the first time a defendant appears before a judge on a new charge. In Suffolk County, NY, anyone charged with a Misdemeanor or Felony offense will be required to be arraigned before a judge. Most arraignments in Suffolk County take place at the First District Court in Central Islip. In custody arraignments for those who were arrested and being held are generally held in court room D11 on the first floor. Out of custody arraignments will be conducted in what is known as the street arraignment part. The street arraignment part rotates on a weekly basis. Each week a new judge is assigned to handle the out of custody arraignments. Post indictment arraignments are all held at the Suffolk County Court in Riverhead. These cases involve felony charges and are more seriously than misdemeanor charges. It is not uncommon for bail to be set at the County Court level. Other arraignments will take place at the town courts located in Southampton, East Hampton, Riverhead and Southold, as well as at the local village and justice courts located throughout Suffolk County.

At the arraignment the judge will formally advised the defendant what he or she of the charges that have been placed against that person. Generally a plea of not guilty is entered by either an attorney representing the defendant at the arraignment, or by the judge, when the defendant is appearing without an attorney. At the arraignment, the court will make a determination whether to release the defendant on his or her own recognizance known as ROR, or set bail requiring the defendant to either post the amount of bail set or be during the pendency of the case unless the court decides at a later date to lower the bail or exonerate it. At the conclusion of the case, any bail posted will be returned to the bailor, minus an administrative fee (usually a small percentage) providing the defendant has made all of his or her court appearances. If a defendant misses a court date, the bail may be forfeited. The court may also set a bond alternative which would be paid by a bail bondsman. 

Sometimes in Suffolk County, the judge at arraignment may place a defendant on supervised release requiring the defendant to be monitored by the probation department during the pendency of the case. When a defendant is places into supervised release, there are often conditions that the court may place on the defendant such as reporting to a probation officer, attending counseling or being drug tested on each court date.

In addition to determining whether to release a defendant or hold a defendant in custody, a judge at arraignment may issue an order of protection requiring the defendant to stay away from the complainant, as well as other parties, or to refrain from certain acts, or suspend a defendants driver’s license when the charges involve alcohol related offenses or vehicle and traffic law violations.