Methods of requiring defendant's appearance in local criminal court or youth part of the superior court for arraignment; in general
§ 110.10 Methods of requiring defendant's appearance in local criminal
court or youth part of the superior court for arraignment; in
general.
1. After a criminal action has been commenced in a local criminal court or youth part of the superior court by the filing of an accusatory instrument therewith, a defendant who has not been arraigned in the action and has not come under the control of the court may under certain circumstances be compelled or required to appear for arraignment upon such accusatory instrument by:
(a) The issuance and execution of a warrant of arrest, as provided in article one hundred twenty; or
(b) The issuance and service upon him of a summons, as provided in article one hundred thirty; or
(c) Procedures provided in articles five hundred sixty, five hundred seventy, five hundred eighty, five hundred ninety and six hundred for securing attendance of defendants in criminal actions who are not at liberty within the state.
2. Although no criminal action against a person has been commenced in any court, he may under certain circumstances be compelled or required to appear in a local criminal court or youth part of a superior court for arraignment upon an accusatory instrument to be filed therewith at or before the time of his appearance by:
(a) An arrest made without a warrant, as provided in article one hundred forty; or
(b) The issuance and service upon him of an appearance ticket, as provided in article one hundred fifty.
Two scenarios for getting a defendant to arraignment:
1. Action already commenced (an accusatory instrument was filed, but the defendant hasn't been arraigned and isn't yet under the court's control). The defendant can be compelled to appear by:
2. No action commenced yet (accusatory instrument will be filed at or before the appearance). The defendant may be required to appear by:
Memory hook — match the tool to its article: warrant → 120, summons → 130, warrantless arrest → 140, appearance ticket → 150. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.