Understanding Your Rights When Arrested in Staten Island (2024)

If you are arrested for a crime, it can be a stressful time. It is important that you try to remain calm and keep in mind that anything you can say can be used against you. Instead of speaking with others about your case, if you are arrested in Staten Island, you should get in touch with a Staten Island criminal defense attorney as soon as possible. Your defense lawyer can help you understand your rights, answer any questions and concerns that you have about your situation, and start working on a strong defense strategy.

What Should You Do After Getting Arrested?

If you are arrested in any state, you should try to remain calm. Do not try to resist arrest or in any way hurt or offend the law enforcement officers who are arresting you. It is important that you remember your rights, including that you have the right to remain silent and the right to an attorney. You should get in touch with a criminal defense attorney as soon as you can so that you can have an experienced legal professional fighting for you and negotiating with other legal actors on your behalf.

It is also important to remember that you have the right to be protected from unlawful search and seizure and cruel and unusual punishments. If you feel that your Constitutional rights were in any way violated during your arrest, you should voice these concerns to your criminal defense attorney, who can aid in handling the situation and making sure that your rights are protected.

How Long Can You Be Detained After Arrest in New York?

If you are arrested in New York, you can typically expect to be brought before a judge for your arraignment within twenty-four hours of your arrest. You are detained until this time, when a judge will either decide to set bail or release you. Once your bail is determined, you can be released upon paying it. The price of the bail will be higher if you have a previous criminal record or if your charges are more severe.

In some situations, your judge might order that you be detained without bail. This happens in situations where your judge determines you are a flight risk or a danger to the community.

How Can a Criminal Defense Attorney Assist You?

When you hire a criminal defense lawyer, you can rest assured that you have an experienced legal professional working as your tireless advocate. Your criminal defense lawyer can strategically determine if you should plead guilty or not guilty based on the facts of your case.

If you are pleading guilty, your defense lawyer will negotiate and fight for you to see a light sentence. If you plead not guilty, your attorney will work on gathering evidence and developing a strong argument that fights for your innocence.

Your criminal defense attorney can also provide useful evidence that helps you determine how to navigate the complex legal process ahead of you. If you are arrested for a criminal offense, you could be facing serious consequences that can be on your record for the rest of your life. You thus need an experienced lawyer working to advocate for you and your rights.

FAQs

Q: What Happens When You Are Arrested in New York?

A: If you are arrested in New York, you can expect to be taken to the police station, where law enforcement officers will collect your information and your fingerprints. You can also expect to be either held or released after bail is paid, pending a trial.

It is important to remember that you have the right to remain silent and the right to an attorney. It is in your interest to remain silent until you have consulted with an attorney about your case and they have begun to work on a defense strategy.

Q: What Is the 45-Day Indictment Rule in NY?

A: If you are arrested in New York, you are subject to the 45-day indictment rule. In this state, you cannot be held for more than 45 days without an indictment. If your indictment does not occur within 45 days, then you can challenge your detention. This rule aims to protect people from being held indefinitely and to streamline the process of formalizing charges.

Q: What Are the Rights of an Arrested Person in the United States?

A: If you are arrested in any of the fifty US states, you have the right to remain silent, the right to an attorney, the right to be informed of the charges against you, and the right to a fair trial. You are also protected from unreasonable searches and seizures, cruel punishment, and being tried twice for the same offense. If your rights were violated during your arrest or in the process of collecting evidence, the evidence could be ruled inadmissible in court.

Q: What Happens After Arraignment for a Felony in NY?

A: What happens after your arraignment, the reading of your formal criminal charges in front of you, will depend on what your plea is. If you plead guilty, then you can expect negotiations about sentencing to begin. If you plead not guilty, you can expect pretrial motions and trial preparations to start. Your criminal defense attorney can assist you with understanding the legal proceedings ahead of you based on your specific case.

Get in Touch With a Staten Island Criminal Defense Attorney

Being arrested can be scary, frustrating, and confusing. If you are arrested in Staten Island, you should try not to panic and instead focus on remembering your rights and contacting an experienced Staten Island criminal defense attorney. Your defense lawyer can provide critical support that can make all of the difference in your case, no matter what charges you are facing.

If you are in search of a criminal defense lawyer, you should contact our team at The Vitaliano Law Firm. Staten Island native Michael Vitaliano has been recognized as a top ten criminal defense attorney and can work tirelessly to be your advocate during this time.