An arraignment is the first proceeding which a criminal defendant shall experience. It is at this stage that an accusatory instrument has been filed against you and the defendant appears before a judge in a criminal court in the jurisdiction where the matter has been commenced.
It is at the arraignment that defendant is informed of the charges against him or her and is furnished a copy of the allegations. The defendant’s right to an attorney attaches at the time of the filing of the accusatory instrument therefore, at the arraignment if the defendant does not have a private retained attorney, the court will provide an attorney to the defendant.
Once the defendant has been formally charged with the criminal allegations against him or her counsel will enter a plea of not guilty on the defendant’s behalf. Next the court shall issue a securing order and fix a bail upon the defendant or release him on his own recognizance. The prosecutor, who represents the people most often request that a defendant be held on bail to ensure the defendant’s return to court. In New York State courts bail may be cash and/or bond. In the event a cash bail is placed on the defendant then that amount of money must be put up in cash or a bank check. The defendant is released a short time later, however, in the event the defendant does not return to court for his scheduled court appearances the court will forfeit that bail and issue a warrant for the defendant’s arrest. Usually an addition charge of bail jumping is lodged against the defendant.
Assuming the defendant made all court appearances in a proper manner the cash bail is returned to the surety (person who put up the money), minus 3% for administrative fees which go to the court and county.
In deciding a bail for a particular defendant, the court will consider a certain set of criteria. The defendant’s character, residence, nature and severity of the charges, the defendant’s community ties, criminal record and history of warrant activity. A good defense attorney will raise these items in the most favorable light on the defendant’s behalf to obtain the lowest and most just amount of bail.
