arraignment nyc

Arraignment NYC: How Long Does It Take to See a Judge?

Being thrust into the criminal justice system in New York can be a fearful and isolating experience for many. If you find out that your loved one is behind bars, you're probably wondering, "How long until they get their day in court?"

The good news is that New York law sets clear limits on a person's detention duration before they stand before a judge for arraignment. Understanding this process is crucial, so let's delve into what happens between getting arrested and appearing in court.

The information provided on this blog is intended for general informational purposes only. It should not be considered as legal advice. The content on this blog is not a substitute for professional legal counsel.

The Crucial NYC Arraignment Process

Arraignment is one's initial encounter with a judge following their arrest and must happen promptly. During this critical stage, the judge has several responsibilities:

  1. Informing the defendant of the charges against them
  2. Ensuring they have legal representation
  3. Considering whether to set bail or release them

New York law guarantees you cannot be held "for an unreasonable period" solely due to a lack of bail funds. Now, let's break down the time limits set by the state.

Maximum Time Before Arraignment

For misdemeanor arrests, the law mandates arraignment within 24 hours. If the charges escalate to felonies or "qualifying offenses" such as domestic violence, the limit extends to 72 hours. 

Weekends and Holidays: Do They Count?

No, the 24/72-hour limit runs continuously regardless of weekends or holidays. The courts and prosecutors' offices must be ready to handle daily arraignments. This prevents potential scenarios where individuals might be held without arraignment for an extended period, especially over holiday weekends.

Behind Bars: What Happens During This Time?

While awaiting arraignment, the gears of justice are in motion. The police and prosecutors are busy preparing the case, involving activities such as:

  1. Interviewing witnesses
  2. Reviewing evidence
  3. Conferencing with supervisors
  4. Drafting charging documents

Meanwhile, the defendant will likely be confined to a cell, with any police questioning requiring adherence to Miranda warnings and their right to counsel.

Arrested on a Bench Warrant? 

If your loved one finds themselves in jail due to an outstanding bench warrant in New York, the clock starts ticking upon arrest, not when the warrant was issued. The 24/72-hour limit to arraignment applies from the moment your loved one is detained on the warrant, mirroring the rules for any other arrest.

New York Statewide Application

It's crucial to note that these 24/72-hour arraignment rules apply statewide, encompassing arrests anywhere in New York, not solely in NYC. 

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Your Freedom is Our Priority

When the unexpected happens, and you or a loved one are facing the daunting prospect of incarceration in New York City, remember that time is of the essence. ABC Bail Bonds NYC is your lifeline in those crucial moments, offering swift and reliable assistance to secure your release. Our experienced team understands the urgency of your situation, and we're committed to navigating the intricate legal landscape with you. Don't let the unknown prolong your time behind bars—call 718-468-2663 for help now.