Long Island's Premier Criminal & DWI Defense Law Firm
Nassau County Arraignment and Bail Lawyer
An arraignment is your first court appearance after an arrest. In Nassau County it happens at the District Court, 99 Main Street in Hempstead, and it often lasts only a few minutes. In those minutes the judge decides whether you go home, what conditions you must follow, and whether an order of protection keeps you out of your own home. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Nassau County prosecutor who represents people at arraignment and fights for their release.
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What happens at an arraignment
- The charges are read. You receive the accusatory instrument that says what you are accused of.
- You plead not guilty. Almost everyone pleads not guilty at arraignment. It is not the time to resolve the case.
- The judge issues a securing order. Release on your own recognizance, release with conditions, bail, or, in rare cases, remand. This decides whether you go home today.
- An order of protection may be issued. In domestic and assault cases the prosecution usually asks for one. How broad it is gets argued right here.
- The next court date is set. For a felony, the case may be headed to a grand jury and later to County Court in Mineola.
Was the person given a desk appearance ticket instead? Then the arraignment is on the date printed on the ticket. Missing it leads to a bench warrant. See what to do after an arrest in Nassau County.
Bail in New York: the four possible outcomes
Under New York’s bail law (CPL 510.10), the judge must release a person on their own recognizance unless the judge finds that release won’t reasonably assure their return to court. Money bail is allowed only for certain charges, called qualifying offenses.
Most common
Release on recognizance
You go home on your promise to come back to court. No money and no conditions.
Non-monetary
Release with conditions
Supervised release, travel limits, surrendering a passport, electronic monitoring, or treatment.
Qualifying offenses
Bail
Only for qualifying offenses. The judge must set at least three forms of bail, including a partially secured or unsecured bond.
Rare
Remand
Held without bail. Allowed only for a narrow group of serious felony charges.
Whether a charge is a qualifying offense isn’t always obvious. The list includes most violent felonies, sex offenses, witness tampering and some domestic violence charges, and it has been amended several times since 2019. A prior case or an alleged violation of an existing order of protection can also change the answer.
What the judge considers
- How long you have lived on Long Island, and with whom
- Your job, and what happens to it if you are held
- Your family, and who depends on you
- Your record and whether you have missed court before
- What you could realistically afford if bail is set
- The strength of the evidence
Each of these is stronger when your lawyer has proof ready: a letter from your employer, a lease, your children’s school information. That preparation is what we do before the case is called.
Orders of protection at arraignment
| Type of order | What it means |
|---|---|
| Full (stay-away) order | No contact of any kind. It can bar you from your own home and from contact with your children, even before any allegation is tested. |
| Limited (refrain-from) order | Contact is allowed, but harassment, threats and other offenses are not. You can usually stay in your home. |
Violating an order of protection is a new crime, usually criminal contempt, even if the protected person contacted you first. Getting the right type of order at arraignment matters.
How to get someone out of jail in Nassau County
People arrested in Nassau County and held before arraignment, or held after bail is set, are kept at the Nassau County Correctional Center, 100 Carman Avenue, East Meadow, NY 11554.
- Find out the charge and the next court date. Call us with the person’s full name and date of birth. We can find out where they are and when they will be arraigned.
- Get a lawyer to the arraignment. The best chance to avoid bail is to have release argued well the first time.
- If bail is set, compare the options. Cash bail posted directly is returned at the end of the case, minus any lawful fees. A bail bond premium paid to a bondsman is not refunded.
- Ask for a bail review. Bail can be reconsidered if circumstances change, and the 180.80 deadline can require release on a felony complaint.
Talk to a lawyer before paying a bondsman. Sometimes an application to the judge is a better option than a bond premium you will never get back.
If bail was already set
A securing order isn’t final. It can be changed when circumstances change, when the prosecution doesn’t present a felony to the grand jury on time, or when the person has followed every condition. If someone you care about is being held in East Meadow, call us. The situation may not be fixed.
Recent results
DWI dismissed · Reduced to DWAI
DWI, BAC 0.15, stopped by State Police
Nassau County District Court, August 14, 2026. We got the client a hardship license at arraignment, so he could keep driving to work. The case later ended with a plea to Driving While Ability Impaired, a traffic infraction.
Dismissed & sealed
Violating an order of protection during a divorce
Nassau County District Court, September 22, 2026. A criminal contempt charge ended in an ACD, and the order was adjusted so the client could keep working.
Dismissed & sealed
Weapon possession allegation
Nassau County First District Court, September 23, 2026. A client accused of pointing a gun at a former employee received an ACD after completing a course: dismissed and sealed.
More results: our successful cases.
Prior results do not guarantee a similar outcome.
Arraignment and bail: frequently asked questions
What happens at an arraignment in Nassau County?
The charges are read, you plead not guilty, the judge decides whether you are released and on what conditions, and the prosecution may ask for an order of protection. It usually takes only a few minutes at 99 Main Street in Hempstead.
How long after an arrest is the arraignment?
If you are held, usually within about 24 hours. If you received a desk appearance ticket, the arraignment is on the date printed on the ticket.
Can a judge set bail for my charge?
Only if the charge is a qualifying offense under New York law. For most misdemeanors and many non-violent felonies, the judge must release the person, with or without conditions.
How do I find out if someone is at the Nassau County Correctional Center?
The correctional center is at 100 Carman Avenue, East Meadow. Call us at (516) 939-1529 with the person’s full name and date of birth and we will help you find out where they are and when they will be in court.
Can bail be lowered after it is set?
Yes. A lawyer can ask the court to review bail when circumstances change, and New York’s 180.80 deadline can require release of a person held on a felony complaint.
Do I need a lawyer at arraignment?
Yes. The arraignment decides whether you go home and whether you can return to your house. A lawyer who has prepared your release argument ahead of time gives you the best chance.
Talk to a former Nassau County prosecutor today
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Garden City Office
1225 Franklin Ave #325
Garden City, NY 11530
Phone: (516) 939-1529
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During what was one of the scariest times of my life, he gave me all of the knowledge and support possible to help me get through it. Not only did I end up getting a great outcome for my case, but Richard helped make it a very smooth process and was always there when I had...
Mr. Hochausser worked hard on my behalf.. so hard that he achieved what seemed impossible. He always communicated with me honestly and earnestly, which is rare in any profession these days. He was prepared and forthright every step of the way. I hope to never need his services...
Best Criminal Attorney in New York. Richard explains each detail slowly and carefully so it’s easily understood. He handles each case as if it’s the most important. Highly recommend!
Best DWI lawyer in New York!
Mr. Hochhauser was incredible. I was consulted immediately after the first call. Richard was easy to keep in touch with and would answer all of my emails, phone calls, and even texts regarding my concerns. Guided me through the whole process, made sure I understood everything...
Richard explained the matters of my case thoroughly and was professional and effective in dealing with the charges I was facing, ultimately getting the docket dismissed in its entirety. I would highly recommend procuring his services.
Was in a bad spot but Richard Hochhauser got me great results on my DWI case in Nassau County. Highly Recommend!!!
Can't thank Richard enough. He went aobve and beyond for me. Never had any issues with the law before and he made sure I had no record. Great Criminal Attorney!!!
Was never really in trouble before. And just googled best criminal attorney near me. Feel so lucky that Richard was the one I called. He really fought for me was very knowledgeable. Highly recommend!!
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