The first court date following an arrest, or the issuance of an appearance ticket is usually the Arraignment. This is generally the first time a defendant has the opportunity to appear before a judge. New York Law requires anyone charged with a misdemeanor or felony be arraigned before a judge. At the arraignment the judge formally advises the defendant of the charges lodges against him or her. Usually a plea of not guilty is entered by an attorney representing the defendant, or by the judge on behalf of the defendant when the defendant is appearing without an attorney. At the arraignment, the court will decide whether to release the defendant on his or her own recognizance known as ROR, or hold the defendant on bail during the pendency of the case. If bail is set, the defendant will be required to post bail in order to be released. At the conclusion of the case, the bail money will be returned, minus an administrative fees (usually a small percentage) providing the defendant has made all of his or her court appearances. If a defendant misses a court date, the bail may be forfeited. The court may also set a bond alternative to be paid by a bail bondsman. Other times a court will place a defendant on supervised release requiring the defendant to be monitored by the probation department during the pendency of the case. When a defendant is places into supervised release, there are often conditions set forth on the release, such as reporting to a probation officer, or attending counseling, or wearing an ankle bracelet.

In addition to determining the custody status of a defendant, a judge at arraignment may suspend a defendants license when the charges involve alcohol or vehicle and traffic law violations, or issue an orders of protection requiring the defendant stay away from an alleged victim, as well as other parties, or to refrain from certain actions.