As I am in the midst of gathering the funds necessary to hire the criminal defense attorney that I really want to represent me..... unfortunately I don't think I'll be able to get the funds in time before the arraignment. In the likely event that this happens, will I be able to request that the case be dismissed or does the prosecutor simply get to make me an offer and I have to decide that day on what I wish to proceed with?
Criminal Defense Attorney
Code of Criminal Procedures Art. 26.02. PURPOSE OF ARRAIGNMENT. An arraignment takes place for the purpose of fixing his identity and hearing his plea.
Generally, this will be an opportunity for you to understand what you are being charged with and confirm your identity. If you have already talked to the attorney that you want to hire, call them and they might give you more direction on what will happen that day and what you need to say when you appear.
Estate Planning Attorney
IN NY, I HAVE NEVER SEEN A CPL 170 dismissal at arraigment. DA's rarely do it at all, especially at arraignment. THEN POLICE CONDUCT SEEMS UNJUSTIFIED.
This is not legal advise. Office visit for a free consult is needed.