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.
The right to be arraigned may ordinarily be waived, even when the charge is for a felony-level offense, provided the accused knows the nature of the charge offense and has a full opportunity to present a defense. The power to waive an arraignment must usually be exercised by the accused in person. Where the right of the accused to waive an arraignment is recognized, an express waiver in open court is sufficient.