Being arrested in New York City remains a stressful and confusing event, especially if it is your first experience with the city’s criminal justice system. Should you be charged with a crime here in New York, it does not mean you are guilty. In fact, it is the very first step in a long legal process. Understand the process and explore how you should behave when you are arrested here in NYC.
Step-By-Step: The First 72 Hours After An Arrest in NYC
Let’s review exactly what happens after an arrest in New York City in an effort to help you better understand the criminal justice system.
Initial Arrest in New York City
Should law enforcement have probable cause that you have committed a crime or have observed you committing a crime, you will be handcuffed and placed under arrest. In some circumstances, you could be placed under arrest as a result of a law enforcement officer having a warrant for your arrest. Next, you will be transported to the local precinct police department where the arrest occurred.
In New York, generally, a law enforcement officer will explain that you are under arrest, provide a reason for the arrest, and, in certain circumstances, read to you what is known as your Miranda rights. These are your legal rights, explaining to you that you have the right to remain silent and that you have the right to an attorney who will represent you during your criminal case.
Processing
Once you are transported to the police department, you will take part in what is known as processing. Law enforcement is likely to try to interview you, gathering information that includes your name, date of birth, and home address, but in some cases, about the matters surrounding your arrest. They may try to ask questions about the criminal case, gathering information or evidence that could later be used against you.
In many circumstances, your fingerprints will be taken, and a photo of you will be taken, sometimes referred to generally as a “mug shot.” Your belongings will be collected by law enforcement, and you will also be thoroughly searched. In the meantime, you are likely to be placed in a holding cell awaiting the next step. As you wait, you are sometimes offered the opportunity to contact a loved one or reach out to a criminal defense attorney.
Arraignment in New York City
Once processing is complete, you will participate in what is called an arraignment.
You will then be taken to the arraignment court for your initial court hearing in front of a judge. Here, the defendant (the arrested individual) will have the opportunity to plead either guilty or not guilty to the criminal charges presented to them. As you await arraignment, you may have the opportunity to speak to your attorney in private.
As you wait to appear before a criminal court judge, you are likely to be interviewed by a member of the Criminal Justice Agency, gathering information about your connections to the local community. This information is used to determine whether or not you are a flight risk. They could ask questions about how long you have lived in the area, where you work, and whether you have family living in the area as well. This will help determine whether you will return to court or if bail needs to be set.
The entire arraignment process could take up to 24 hours to be completed.
Release and Bail Considerations After Arrest
A judge will determine whether you should be placed in jail while you await your next court appearance, or if you should be provided the opportunity to post what is known as bail as a condition of your release. In many scenarios, you may be released without having to post bail or may be placed on supervised release. The sum of money or property that is posted as bail is intended to compel the defendant to appear for their court appearance at a later date.
Every detail surrounding your case will be considered when determining the most appropriate option for your release. Should you be facing violent criminal charges, a judge may determine that you pose a risk of flight. In other cases, you may be released without bail conditions.
How You Should Act After an Arrest in New York City
Every detail of your behavior will be considered throughout the arrest process and the upcoming criminal proceedings. Should you be uncooperative or disruptive during your arrest, these details could negatively influence the results of your case.
You should remain calm and compliant during every detail of your arrest. If law enforcement asks you questions about the details of your case, very calmly and politely tell them that you need to speak with your attorney before providing more information. Exercise your legal right to remain silent, but be polite and cooperative throughout every interaction with law enforcement.
When To Reach Out To a Criminal Defense Attorney
The best time to speak to a criminal defense attorney is the moment you are either investigated or arrested. When you are offered the opportunity to contact someone to get your affairs in order, that would be an opportune time to reach out to a law firm or criminal defense attorney. Should you not have the contact information of a law firm or criminal defense attorney, contact a loved one or close personal friend and request that they contact a law firm on your behalf.
Early legal intervention remains incredibly important. It is in your best interests to speak to a qualified criminal defense attorney as soon as reasonably possible.
Exploring Next Steps Alongside The Law Offices of Julie Rendelman
After the arraignment, your criminal defense attorney is tasked with crafting a defense strategy that is unique to your case. Your attorney will craft a strategy, considering every detail of your case, representing your best interests as you face criminal prosecution. These matters can grow to be incredibly complex, depending on the nature of the charges against you.
The Law Offices of Julie Rendelman remain available to offer aggressive and personalized representation for any criminal matters in New York City. As an award-winning trial attorney and former prosecutor here in New York, her deep knowledge of New York’s criminal justice system and long track record of success mean that she should be your first choice as a criminal defense attorney.
We can make sense of the complexities surrounding the criminal justice system in New York, helping you understand possible legal consequences. Any criminal charge against you remains a serious matter that calls for the services of a qualified attorney who can represent you through the many steps of New York’s criminal justice system.
Have you been recently arrested in New York? Reach out as soon as possible.
Reach out to us today to partake in an entirely free consultation to learn more about our attorney services. Simply speaking with us can help you better understand your case and the options available to you. There is no obligation to work with us and we are happy to hear from family and friends who are reaching out on behalf of a loved one who has been recently arrested.
We remain available at all hours to represent you for a wide range of criminal matters. Contact us today and begin the process now. Call us directly at 212-951-1232.
New York, NY 10017
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