Draft for you to change.
The arraignment is the first time you stand before a judge. It is short, often only a few minutes, but the decisions made there shape everything that follows: whether you go home, on what conditions, and whether you can return to your own house.
What happens
- The charges are read and you receive a copy of the accusatory instrument.
- Your lawyer enters a plea of not guilty.
- The judge decides whether you are released, and on what terms: on your own recognizance, under non-monetary conditions, or, for qualifying offenses, on bail.
- The judge may issue a temporary order of protection, which can keep you away from your home or from family members.
What we do
- Argue for your release. We present your ties to the community, your work and family, and your record, and we argue against conditions you cannot meet.
- Address the order of protection. We ask that any order be limited to what the facts justify, so that you can keep working and, where possible, stay in contact with your children.
- Start on the evidence. Under CPL Article 245 the prosecution must turn over its evidence within set deadlines. We track those deadlines and demand what is missing.
- Protect your time limits. On a felony complaint, a person held in custody must be released if the case is not presented to a grand jury or given a preliminary hearing within the time the law allows (CPL 180.80). Tom: verify the 120/144-hour wording before it goes live.
Tom: photo to shoot: the steps or entrance of the Yates County Courthouse, early morning.
What you can do now
Bring the paperwork you were given, a list of anyone who saw what happened, and the names of people who can speak for you: an employer, a pastor, a coach.