New York Arrest Procedure Explained

Being arrested is an incredibly worrying experience for most people. The arrest itself is alarming enough, but it's even more stressful when you don't know what happens next. How long can the police hold you for? Do you have a right to remain silent, and when will you find out the charges against you? While you should always ask for a criminal defense attorney immediately to help you through this complex process, here is an overview of what happens during the first 12 to 24 hours following an arrest in New York. 

At the moment of the arrest, the police should advise the defendant of their Miranda rights.

Miranda rights exist to protect defendants from self-incrimination. If a defendant asks for a lawyer, police cannot question them about the case without their attorney present. So, it's in the defendant's best interests to retain a lawyer — or ask for one to be appointed — at the earliest opportunity.

When the defendant arrives at the precinct, they must be processed into the system. 

First, the police search the defendant and take their belongings away for safekeeping.

Next, the police will ask the defendant for their "pedigree information", which includes:

If you're the defendant, it's best to provide this information to the police. There is no need to answer any follow-up questions about the case or the evidence itself. Just stay polite and give the officers the information they need to move things along as quickly as possible. 

If someone is accused of a crime such as a felony, they will be photographed and fingerprinted as part of the initial processing. In less serious cases, such as violations, they may not be fingerprinted unless the police suspect they're lying about their identity or they're wanted for another charge e.g. outstanding arrest warrant. 

After an arrest, the police can detain someone for up to 24 hours without an attorney present, but in reality, the process can take a few hours longer. The police may continue to try to question the defendant during this time, but the individual is still under no obligation to answer these questions.

Until you speak with an attorney, it's best you don't talk to the police or the authorities about your case. There's always the chance you might say something that could be construed against you, or you could make a comment that they take out of context in some way.

At the police station, the authorities will decide whether to let the defendant leave the station with a desk appearance ticket (DAT), or they'll hold them in a detention facility at the courthouse. 

A DAT allows the defendant to leave the station rather than wait at the local courthouse for the arraignment hearing. There's no guarantee the police will issue a DAT. It depends on, for example, the defendant's prior record and the nature of the charges brought against them. 

If you receive a DAT, your attorney can explain what it means and when you must attend court. 

If the police decide not to issue a DAT, the defendant goes to the Central Booking office, where they're held until the arraignment hearing. As noted above, defendants can normally be held here for up to 24 hours, but it can be longer depending on how busy the courthouse is or if there's an outstanding warrant against the defendant that must be dealt with first. 

The defendant may be questioned at the courthouse by the Criminal Justice Agency (CJA) during this waiting period. The CJA helps to determine whether bail should be set or if the defendant should be held in custody. It's highly recommended for defendants to have an attorney by this point, but it's not a legal requirement.

The final stage in the arrest process is the arraignment. The arraignment is when the defendant appears before a judge to have the charges read out so they understand the case against them. Ideally, the defendant should have an attorney in place at this point, but if they don't, the court can appoint one. With an attorney present, they answer the charges against them (i.e. they plead guilty or not guilty) and they'll either be:

If released or awarded bail, it's vital the defendant attends every court date. Otherwise, an arrest warrant can be issued, which may result in further penalties. 

There's no legal requirement to have an attorney until the arraignment hearing. However, remember that the defendant has the right to an attorney the moment they ask for one. If you're the defendant, there's a good chance the police will attempt to question you prior to the arraignment hearing, and having an attorney present will help you feel less intimidated and more in control of the situation. 



Have you been arrested in New York? The process can be confusing and stressful, and you deserve the best shot at defending your case. Contact an experienced criminal defense attorney today for advice and representation.