Founding and Managing Partner
If you or your loved one has been arrested in New York City, your arraignment happens quickly—usually within 24 hours. This first appearance sets the tone for your entire case. The judge will decide whether you are released, placed under supervision, or held on bail. It’s also where the charges are read, your plea is entered, and your defense officially begins.
Both court-appointed and privately retained attorneys can protect your rights and advocate for your release. The right choice depends on your circumstances, the lawyer’s experience and availability, and whether you can afford private representation. You should not feel pressured to turn down appointed counsel because you have not yet hired a private lawyer. You can receive representation at arraignment while considering your options for the rest of the case.
Your Right to a Lawyer
In a New York criminal case, you have the right to a lawyer at arraignment and at later stages of the proceedings. If you cannot afford counsel, tell the court and ask about having an attorney assigned. Eligibility is determined through the applicable financial screening process. Asking for a lawyer is an exercise of your rights and does not admit guilt.
People often use “public defender” to describe any appointed lawyer, but representation can come from a public defense organization or a private attorney appointed through an assigned counsel program, such as an 18-B panel. A privately retained attorney is a lawyer you select and pay under an agreed fee arrangement.
Many public defenders and assigned attorneys have substantial criminal defense experience. The way a lawyer is paid does not, by itself, tell you how well that lawyer will handle your case.
What Your Lawyer Does at Arraignment
Arraignment is an early court appearance at which the charges and your rights are addressed. Your attorney can review the charging documents, speak with you about the allegations, address any proposed disposition, and advocate concerning release.
Depending on the charges and applicable law, the judge may release you on your own recognizance, impose nonmonetary conditions, or, where authorized, set bail or order detention. Your lawyer can present relevant information about your circumstances and explain any conditions the court imposes.
Public defenders, assigned counsel, and retained lawyers can all make release arguments. No attorney can guarantee that you will be released or promise a particular bail decision.
When Hiring Private Counsel May Make Sense
If you can afford private representation, you may want to choose a particular attorney based on experience with your charges, familiarity with the courts, communication style, or an existing relationship of trust.
When an arrest or surrender is anticipated, arranging representation beforehand can give counsel time to gather relevant background information and prepare for the first appearance. If the arrest has already happened, ask prospective counsel whether they can actually appear and what they can accomplish within the available time.
Preparation time, access to information, and workload can affect any lawyer. A private retainer does not automatically provide more attention or a better outcome. Ask concrete questions about the attorney who will handle your case and the work included in the representation.
Questions to Ask Before Choosing a Lawyer
Whether you are speaking with appointed counsel or considering a private attorney, useful questions include:
- What experience do you have with these charges and this court?
- Who will represent me at arraignment and at later appearances?
- What information do you need from me or my family before court?
- What release options may be available, and what happens next?
- How should I reach you with urgent information or questions?
For private representation, also ask for a clear explanation of the fee agreement. Find out whether it covers only arraignment, additional court appearances, hearings, trial, or other stages, and whether investigators or experts would involve additional expenses.
Hiring a Different Lawyer After Arraignment
Accepting appointed counsel at arraignment does not prevent you from later seeking private representation. If you decide to change attorneys, the transition should be handled through the proper court procedures, with any required approval. Ask the incoming lawyer to coordinate the transfer of your file and identify pending deadlines.
A change of counsel does not automatically postpone a court date or undo decisions already made. Keep attending required appearances and communicating with your current attorney while a proposed transition is being arranged.
If you cannot afford private counsel and have a serious concern about your assigned attorney, explain the specific concern to the court. A request for a different appointed lawyer is subject to the court’s review.
Speaking with Fast Law about a NYC Arraignment
At Fast Law, we help clients and families understand the charges, prepare for arraignment, and evaluate the next steps in a criminal case. If you are considering retaining our firm, we can discuss our availability, who would handle the matter, and the scope and cost of representation.
If you or a loved one has an upcoming arraignment in New York, call 212-729-9494 or contact Fast Law to discuss your options.