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

Question: 1 / 400

Is it true that an arraignment occurs before an accusatory instrument has been filed?

True

False

An arraignment is a crucial step in the criminal justice process where the defendant is formally charged with a crime and given the opportunity to respond to those charges. This process can only occur after an accusatory instrument, such as an Information or Indictment, has been filed with the court. An accusatory instrument lays out the specific charges against the defendant and serves as the basis for the arraignment.

In New York, the arraignment must follow the filing of these documents to ensure that the defendant is informed about the charges they are facing and to allow them to enter a plea. Therefore, the statement that an arraignment occurs before an accusatory instrument has been filed is incorrect, affirming that the answer is indeed false.

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It depends on the case

Only in felony cases

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