If you’ve been arrested in Nassau County or anywhere on Long Island, you may be unsure about what comes next. One of the first critical steps in the legal process is your arraignment. Having a Long Island criminal defense attorney explain this important hearing can help you feel more prepared. Here’s what to expect and why it matters.

Arraignment 101: What Is It and Why Is It Important?

An arraignment is the initial court appearance following an arrest. This hearing is a critical part of the legal process and can place in either Nassau or Suffolk County, depending on the location of the alleged incident causing your arrest. During the arraignment, you’ll be formally informed of the charges against you, and it’s the first time your case is officially presented to a judge.

Why the Arraignment Matters: This hearing is essential because it sets the stage for everything that follows in your case. It’s where you’ll learn the specifics of the charges and have the opportunity to begin forming a defense strategy. Your Long Island criminal defense attorney will enter a plea on your behalf and advocate for your rights from the start.

What Happens at the Arraignment?

At this hearing, several key things occur:

  • Formal Notification of Charges: You will be formally notified of the charges filed against you. This is a crucial moment because it helps you and your attorney understand the specific legal accusations and begin preparing a defense.
  • Understanding the Allegations: The prosecutor will provide a summary of the case against you. This summary includes key facts and allegations but does not involve presenting detailed evidence or calling witnesses. This information helps you grasp the prosecution’s perspective.
  • Beginning Your Defense: Although the arraignment isn’t a trial, it’s a chance for your lawyer to start advocating for you. They may address any immediate concerns, such as challenging the legality of your arrest or negotiating for favorable bail conditions. The goal is to set up a solid foundation for your defense.

What an Arraignment Isn’t:

  • Not a Trial: The arraignment is not where your guilt or innocence is determined. It’s simply a procedural step to ensure that you understand the charges and to set the stage for future legal proceedings.
  • No Evidence or Witnesses: During the arraignment, evidence isn’t presented, and no witnesses are called. It’s a time for the court to handle formalities rather than delve into the specifics of the case.
  • No Testifying: You will not be required to testify or speak at this stage. Your attorney will represent you and handle all communications with the court. This ensures that your rights are protected and prevents you from inadvertently providing information that could harm your case.

Custody Status: What Will the Judge Decide?

A significant part of the arraignment is determining your custody status. The judge will decide whether you will be released on your own recognizance (ROR), released with certain conditions, held on bail, or detained without bail while your case proceeds. Several factors influence this decision, including the nature of the charges, whether you are considered a flight risk, your overall criminal history, and financial considerations.

Nature of Your Charges: Are They Eligible for Bail under the New Bail Reform Laws?

On April 1, 2019, New York State passed legislation bringing sweeping changes to criminal law and the justice system in criminal court proceedings, including substantial effects to the arraignment process. The changes took effect on January 1, 2020 and have been modified several times since then. As it currently stands, only certain specified misdemeanors and felonies are eligible for bail or other forms of pre-trial detention conditions.

Flight Risk: Will You Return to Court?

One of the primary factors a judge will evaluate is whether you are a flight risk. A flight risk means that there is a concern you may not return to court for future hearings if released. The judge will assess various aspects of your life to make this determination, including your ties to the community, such as family, employment, and residence stability. If you have strong connections to the area, such as long-term employment or family responsibilities, the judge may be more inclined to release you on your own recognizance. Conversely, if there are indications that you might flee—such as a history of missing court dates or limited ties to the area—the judge may decide that setting bail or remanding you to custody is necessary to ensure your return to court.

Criminal History: How Your Past Affects Your Future

Your criminal history is a crucial factor in the judge’s decision. A clean record may lead to more favorable treatment. The judge may see you as a lower risk and more likely to attend court. A history of criminal behavior or similar offenses could increase your perceived risk. A pattern of recidivism might lead to higher bail or denial. Serious crimes like violence or drug offenses could lead to stricter conditions. However, minor infractions or demonstrated rehabilitation could lead to leniency in bail decisions. Your attorney can argue for more favorable release conditions based on your past.

Financial Considerations: Can You Afford Bail?

Financial considerations play a significant role in the judge’s decision regarding bail. The judge must consider your ability to pay to avoid imposing undue hardship. Bail ensures you return to court, not as punishment. If the judge sets bail, they will assess whether you can afford it without causing financial distress. In some cases, the judge may choose non-monetary conditions, such as electronic monitoring or pre-trial supervision. These alternatives allow you to stay free while meeting court requirements. Your attorney can advocate for low bail or alternative measures by presenting evidence of your financial situation. They can argue that you should not be penalized due to an inability to pay.

Where to Go for Your Arraignment in Nassau County and Long Island

If you’ve been arrested and are facing an arraignment, knowing the location of the court where your hearing will typically take place can be helpful:

  • Nassau County: 99 Main Street, Hempstead, NY 11550
  • Suffolk County: 400 Carleton Avenue, Central Islip, NY 11722

Understanding where to go and what to expect can help reduce anxiety and ensure you are prepared for your arraignment.

Why You Need a Nassau County Criminal Defense Attorney for Your Arraignment

Your arraignment is a critical step in your criminal case. Having an experienced attorney by your side is essential for navigating this process effectively. A knowledgeable Nassau County or Long Island criminal defense attorney will ensure that your rights are protected by building a strong defense.

The Role of Your Defense Attorney: Your attorney will help you understand the charges, argue for your release, and start shaping a strategy for your defense. They will also provide valuable guidance on how to handle the legal process and work to achieve the best possible outcome for your case.

Call The R.M.L. Law Firm, PLLC for Knowledgeable Legal Support

Call The R.M.L. Law Firm, PLLC if you’ve been arrested in Nassau County or Long Island. Attorney Ramy M. Louis, a former Nassau County prosecutor with extensive experience in handling arraignments, is here to provide the legal assistance you need. We’re available 24/7 for arrest emergencies and committed to achieving positive results for our clients.

Don’t face your arraignment alone—call The R.M.L. Law Firm, PLLC today for skilled legal representation in Nassau County and across Long Island.

Call us at (516) 765-5566.