New York State Court Clerk Practice Exam 2025 – The All-in-One Guide to Master Your Court Clerk Certification!

Question: 1 / 400

What legal action can be taken to ensure a defendant appears for arraignment before a criminal action officially starts?

Issuing a jury summons

Issuing and serving an arrest warrant

To ensure a defendant appears for arraignment before a criminal action begins, the appropriate legal action is to issue and serve an arrest warrant. An arrest warrant is a legal document authorized by a judge or magistrate that allows law enforcement to take a person into custody. The issuance of an arrest warrant is based on probable cause that the individual has committed a crime or is likely to flee from the judicial process.

In the context of a criminal action, if there is concern that the defendant may not voluntarily appear in court for arraignment, law enforcement can execute the arrest warrant. This compels the defendant to appear in court, thus ensuring that the judicial process can move forward without delays.

In contrast, other options listed do not serve the purpose of securing a defendant's presence at an arraignment. A jury summons is aimed at potential jurors and does not pertain to defendants. Filing a civil suit relates to non-criminal disputes and cannot compel the appearance of a defendant in a criminal matter. Issuing a search warrant is used to authorize law enforcement to search premises for evidence related to a crime, but it does not address the issue of ensuring a defendant’s presence in court.

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Filing a civil suit

Issuing a search warrant

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