| The arraignment process involves: | | | | you, and all are considered by the judge in a matter of |
| - Being brought before a Judge in the courtroom | | | | minutes. |
| - Receiving the criminal complaint with the | | | | If the District Attorney requests bail, your attorney |
| crimes charged and the factual basis to each charge | | | | should argue that: |
| - The District Attorney requesting bail or releasing you | | | | - You’re not a flight risk |
| on your own recognizance (called "ROR") | | | | - You have family, friends and a job in the state or |
| - Pleading guilty or not guilty | | | | locally |
| The process starts when the court officer brings you | | | | - The charges against you are improper in some way. |
| from the cell in the back of the courtroom and into the | | | | Your attorney may even get the whole case |
| courtroom before the Judge. | | | | dismissed if the District Attorney’s criminal |
| If you were unable to contact your family, friends or an | | | | complaint against you is not properly drafted or signed |
| attorney when you were arrested then most likely the | | | | by a proper party. |
| court will have a Legal Aid attorney appear for you. | | | | Getting The Complaint Dismissed At Arraignment |
| Legal Aid attorneys are in the courtroom at all times to | | | | The District Attorney drafts the criminal |
| defend the poor, and most times to appear for the | | | | complaint against you from information received from |
| unrepresented. | | | | the arresting officer and the victim of the crime. While |
| Usually there will be about three attorneys from the | | | | you’re being processed through the Precinct |
| District Attorney’s office in the courtroom. One | | | | and Central Booking, the arresting officer will fax his |
| of them will read the charges against you and request | | | | paperwork and information regarding your arrest and |
| the court to impose bail at a certain amount or no bail. | | | | charges to the District Attorney’s office. |
| If no bail is demanded by the District Attorney then you | | | | Someone in the District Attorney’s office will |
| will hear the word "ROR", which means "return on your | | | | then call the victim and get more information so they |
| own recognizance". | | | | can properly draft the complaint. |
| Bail is determined according to the crime and your | | | | The complaint needs to be signed under oath |
| personal information. At arraignment the District | | | | by the arresting officer or the victim. If it is not signed |
| Attorney will have your personal information obtained | | | | by anyone when you appear at your arraignment then |
| from their computer searches on you. They call this | | | | it is not "corroborated" and must be dismissed. So |
| your rap sheet. It will include information about | | | | check out who signed the complaint: if it was a person |
| you, such as: | | | | other than the arresting officer or the victim then the |
| - Any Prior convictions | | | | complaint should be dismissed. |
| - Any arrests at anytime | | | | Lastly, if the facts of the complaint do not establish |
| - Any pleas to prior arrests | | | | each legal element of the crime charged, or the |
| - Parole | | | | complaint is poorly drafted then it should be dismissed; |
| - Probation | | | | however, the court usually will give the District |
| If your rap sheet is clear of any crimes and this is your | | | | Attorney a few weeks to file a properly drafted |
| first arrest, chances are good that there will be no bail | | | | complaint. |
| set against you. But even if your rap sheet is clear, if | | | | This article is certainly not all inclusive and is intended |
| the crime you’re charged with is serious (such | | | | only as a brief explanation of the legal issue presented. |
| as involving a large amount of stolen money or | | | | Not all cases are alike and it is strongly recommended |
| violence), bail can be set against you. There are | | | | that you consult an attorney if you have any questions |
| different factors affecting the setting of bail against | | | | with respect to any legal matters. |