What to Do if You Are Arrested in New York? 2024

Anyone could be arrested due to mistaken identity, public intoxication, or seemingly minor offenses. How you handle yourself during those moments could significantly affect what types of charges you face. For these and other important reasons, it is important to know what to do if you are arrested in New York.

Reasons You Might Be Arrested

Some arrests in New York are the result of an ongoing investigation. If a victim alleges that you committed a crime, a law enforcement officer may conduct an investigation into the allegations. If there is sufficient evidence to show probable cause, the officer may arrest the suspect and conduct further searches for evidence.

In other cases, an officer may find grounds to stop and question someone who is not currently being investigated. One common example of this would be when a cop pulls over someone who is driving in a dangerous manner. The standard for stopping to question someone is known as reasonable suspicion. Someone who is driving in an unsafe manner may reasonably be assumed to be under the influence of a drug.

Following an arrest, the suspect is typically brought to jail and processed. Most defendants are afforded bail. After posting bail, the defendant is required to attend court hearings until the case is resolved. The defendant may be found to be guilty or not guilty, or the charges may be dropped.

What to Do if You Are Arrested

Being arrested can be a stressful and upsetting experience, especially for people who have never been arrested before or were falsely accused of a crime. No matter the circumstances, it is critical to remain calm, know your rights, and follow these steps.

Remain calm and collected. Do not engage in heated dialogue with the police officer, and comply with all lawful orders. Any arguments about the validity of the charges should be made in court, not during the arrest. Belligerent acts or combative comments could be used against you.

It is also important to remember not to discuss the allegations because the officer may say things to trick you into incriminating yourself. After identifying yourself, you do not need to discuss anything further about the situation that led to your arrest. If you are processed in jail, do not discuss your case with anyone you meet.

Once you are released, contact an attorney. Your New York criminal defense lawyer should be the only person who speaks on your behalf to the court or prosecutors. As soon as you return home, it may be helpful to take notes about the allegations you are facing while your memory is still fresh. You can share those thoughts and insights with your attorney.

Some people make the mistake of representing themselves in criminal court. While defendants have the right to self-representation, they may make the mistake of saying something self-incriminating. Pro se defendants also do not have a working knowledge of the court system or experience negotiating plea bargain agreements with prosecutors.

Tips for Finding the Right Attorney for Your Criminal Case

When it comes to criminal cases, experience matters. You will want to search for an attorney who focuses on criminal law. A criminal defense attorney who has past experience working as a prosecutor could be particularly beneficial. This work experience can prove invaluable to your defense because a former prosecutor has insight into the prosecution’s tactics.

A good criminal defense attorney should be attentive throughout your initial consultation. Once they hear the details of your case, they should be able to articulate potential defense strategies. Criminal defense attorneys do more than represent you in court. They can counsel you on a wide range of areas related to your case, and they can independently investigate the allegations brought against you.

FAQs

What Happens When You Get Arrested in New York?

If a law enforcement officer in New York believes they have probable cause that you committed or are about to commit a crime, they can arrest you. In most cases, you will be processed at a local jail or holding facility and released on bail if you are not deemed to be a flight risk or public safety risk. You will be notified of your subsequent court hearings. Following an arrest, it is crucial to find legal representation to defend your rights.

How Long Can You Be Detained in New York?

The amount of time a defendant may be held in jail can vary considerably. The length of time between when someone is arrested and when they are arraigned (formally charged) is typically around 24 hours. If the courts fail to arraign and post bail in a timely manner, that could be seen as a violation of your rights. There is no guarantee that someone will be given the option of posting bail, but the majority of defendants are granted that privilege.

How Long Do Prosecutors Have to Press Charges in New York?

The length of time prosecutors have to press charges depends on the crime committed and the state’s statute of limitations. Criminal assault has a statute of limitations of two to five years (depending on the facts of the case), while Class A felonies have no statute of limitations. Once this legal deadline has passed, the state will not be able to press charges against you in most cases.

What Counts as Reasonable Suspicion?

Reasonable suspicion refers to the belief that a law enforcement officer has, based on specific and articulable facts, that a person may be involved in criminal activity. This standard is lower than probable cause and is used to justify brief stops and investigations, such as during a stop-and-frisk encounter. One example would be someone being in a high crime area late at night.

Schedule Your Criminal Defense Consultation Today

Being arrested can be a stressful and upsetting experience, but being charged with a crime does not mean that you are guilty. With the right attorney and legal defense strategy, you can fight the charges against you.

The Vitaliano Law Firm has years of experience helping defendants fight their criminal charges. Our lead attorney is a former prosecutor who understands how the state’s criminal courts operate. In addition, we have a strong reputation for vigorously defending clients and achieving positive outcomes. To schedule your consultation, contact our office today.