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New York Drug Paraphernalia Frequently Asked Questions
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What does being arrested mean?
When it’s suspected that you have committed some type of crime, regardless of whether that crime is a felony or misdemeanor, you will be arrested. Police must have “probable cause” before they can make an arrest. Arrests might be made when the police observe a crime being committed, another person reports a crime, or the police have an arrest warrant.
If you’ve been arrested, you should contact a New York lawyer as soon as possible. Don’t speak to the law enforcement officials. Use your right to remain silent. Spodek Law Group is a group of experienced criminal lawyers who can help you understand the charges against you and prepare the best defense for your particular circumstances.
What should you do after being arrested?
It can be frightening to be arrested. An arrest is also a very serious matter. Make sure that you remain respectful and calm toward the law enforcement officials. You should also make sure that you have your legal rights protected. It’s a good idea to use your right to remain silent. Law enforcement officers and prosecutors receive special training on how to coax or aggravate a suspect into saying incriminating things without their attorney there.
You might have heard the old saying, “Guilty people don’t ask for an attorney.” This is a lie. A lawyer is the single most important aspect of your criminal trial and defense. Lawyers understand how to navigate the criminal justice system and work with prosecutors for a peaceful solution, when possible. Your attorney can speak for you and handle the entire court process from arraignment to trial.
What happens immediately following an arrest?
After you have been arrested, you’ll generally be transported in a police car to the local precinct. At the precinct, you’ll be processed. This includes fingerprints and photographs. The officer who arrested you will also complete the requisite paperwork.
After the paperwork and processing is complete, you’ll be placed inside a holding sell. For relatively minor charges, you’ll most likely be given a Desk Appearance Ticket, otherwise known as a DAT. This ticket will tell you the time and date that you must return to court for the arraignment. If you don’t qualify for a DAT, you’ll need to await your arraignment in Central Booking.
When will arresting officers issue a DAT?
For the most part, DATs are issued only when the accused has been charged with a violation or misdemeanor, or sometimes multiple misdemeanors and violations. There are certain cases in which a DAT will be issued to someone who is accused of committing a Class E felony. This will vary from circumstance to circumstance, as a number of extraneous factors are considered, such as the exact nature of the crime and the defendant’s previous criminal history.
If any outstanding warrants for your arrest exist, you won’t be eligible for a DAT regardless of whether your crime is a misdemeanor or not.
What is an arraignment?
An arraignment is a process which takes place at the court after your arrest. This will be your first official court appearance. The arraignment is the time during which the prosecution can officially file their criminal charges against you. It’s important that your lawyer be present, as the criminal charges might be different from what you expect. The arraignment is also where the judge will decide about bail: whether to post bail, hold you without bail until your trial, or release you on your own recognizance.
What’s a bench warrant?
A bench warrant is an arrest warrant that does not require officers to search actively for you, but will result in your arrest if you are stopped by a law enforcement official for any reason.