If the Defendant is a No-Show. Find out what happens if the party you sue fails to show up at court. If one party to a case doesn't appear in court on the proper day at the proper time, the case is normally decided in favor of the other. Before doing so, the judge will verify that the defendant was properly served with court papers and that neither party requested a postponement.
Arraignment â Initial Court Appearance. In New York City, defendants are brought before a judge for arraignment within 24 hours of arrest. After the case has been docketed by the court and the complaint and the accusedâs criminal history are ready, the defendant is brought to Criminal Court for arraignment.
Otherwise, an arraignment date will be set, and the legal process will proceed. The defendant is allowed to waive arraignment, if he chooses. Since the arraignment process takes place so quickly and seems so basic, it is often assumed that it will have little impact on the defendantâs case. There are benefits to having the arraignment. In some states, arraignment is the beginning of prosecution for determining the statute of limitations to run on the case. Another important reason to have the arraignment is that it often will mean that an attorney will be appointed at that time.