Arraignment
An arraignment is when someone is brought before a court, advised of the charges
against him, and asked to plead "guilty" or "not guilty". In New York City defendants
are typically arraigned within twenty-four hours from the time of arrest. Unless
the case is disposed of at the arraignment (typical only in the least serious
cases), it will be adjourned, that is, continued on a future date.
The most important decision the judge will make at an arraignment is whether
to set bail or release the defendant on his own recognizance (ROR). The judge
will consider factors such as the defendant's criminal history (or the lack thereof),
the seriousness of the charges, and the defendant's community ties.
In cases where harassment or physical violence is alleged the court will usually
issue an order of protection which restricts or prohibits contact between the
defendant and those named in the order of protection. It is imperative for defendants
to abide by the order of protection as additional charges including contempt
can be brought for violating the court's order.
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