How long can I be held in jail after an arrest before seeing a judge in New York?

Jail Time Before Seeing a Judge in New York

Getting arrested and thrown in jail in New York can be a terrifying and isolating experience. One of the first questions that probably pops into your mind is – how long can they legally hold me here before I go before a judge?

You don’t want to languish in a cell indefinitely before your case even gets underway. Thankfully, New York law sets limits on how long you can be detained before seeing a criminal court judge for arraignment.

What is the Arraignment Process?

The arraignment is your first appearance before a judge after arrest. This must happen promptly. At arraignment, the judge[1]:

• Informs you of the charges against you
• Ensures you have an attorney
• Considers whether to set bail or release you

New York law guarantees you cannot be “detained for an unreasonable period” before arraignment solely due to lack of bail money. Let’s look at the time limits.

Maximum Time to Arraignment in New York

For a misdemeanor arrest, you must be arraigned within 24 hours.[2] For felonies and “qualifying offenses” like domestic violence, the limit is 72 hours.[3]

Weekends and holidays do not extend these deadlines. Failure to arraign you promptly could result in release or dismissal of charges.

What Happens During This Time?

While awaiting arraignment in jail, police and prosecutors are preparing the case. They may[4]:

• Interview witnesses
• Review evidence
• Confer with supervisors
• Draft charging documents

You’ll likely just be waiting in a cell until the arraignment. Any police questioning requires Miranda warnings and right to counsel.

Can I Be Released Earlier?

Yes, the police may choose to release you sooner than the 24/72 hour limit if they decide not to pursue charges or don’t need more time to investigate.

For minor offenses, officers often release suspects with an appearance ticket instead of jail. But it’s up to police discretion.

What If I’m Not Arraigned on Time?

Failure to arraign you within 24 or 72 hours of arrest could result in release or charges being dropped. Your lawyer can file a writ of habeas corpus.[5]

Exceeding the time limit violates your due process right to prompt presentation before a judge. But you may still be rearrested if prosecutors opt to file charges later.

Does the Time Limit Include Weekends/Holidays?

No, the 24 or 72 hour limit runs continuously after arrest regardless of weekends or holidays. The courts and prosecutors’ office must be ready to handle arraignments every day.[6]

Otherwise, suspects could potentially be jailed without arraignment for 4-5 days over a holiday weekend, violating the intent of the rules.

What If I’m Arrested on a Warrant?

If you’re arrested on an outstanding bench warrant in New York, the clock starts ticking upon arrest – not when the warrant was issued.

So the 24 or 72 hour limit to arraignment applies from the moment you are detained on the warrant, just like with any other arrest.

Does This Apply Outside New York City?

Yes, the 24/72 hour arraignment rules apply statewide to arrests anywhere in New York, not just in NYC. Every jurisdiction must abide by the same limits.

However, rural areas with fewer courts and judges may struggle more with promptly arraigning all arrested defendants.

The Bottom Line

Sitting in jail without seeing a judge for days on end is not legal in New York. For minor charges, arraignment must happen within 24 hours. For felonies, the limit is 72 hours.

If not arraigned promptly, be sure to follow up with your criminal defense attorney about potential dismissal or release options.