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Understanding the NYPD Arrest Process: What to Expect
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Understanding the NYPD Arrest Process: What to Expect
Getting arrested can be a scary, confusing experience. Even if you’ve done nothing wrong, just being put in handcuffs and taken to the police station can feel traumatic. This article will walk you through what to expect if you are arrested by the New York Police Department (NYPD). We’ll cover the basic arrest procedures, your rights, and tips for getting through the process as smoothly as possible.
The Arrest
If a police officer believes you have committed a crime, they can arrest you on the spot. They don’t need an arrest warrant. The officer will likely handcuff you, search you for weapons, and transport you to the nearest NYPD precinct.
During the arrest, stay calm. Anything you say can be used against you. Be polite and comply with officer commands, but don’t answer any questions without a lawyer present. You have the right to remain silent!
At the Precinct
Once at the precinct, the arrest process continues. Here’s what you can expect:
- The officer will search you again, confiscate personal belongings like your wallet and phone, and have you remove shoelaces/belts.
- You’ll be fingerprinted and photographed.
- The officer will ask you questions and fill out arrest paperwork. Again, avoid answering questions until you have a lawyer!
- You’ll be allowed to make a phone call to arrange bail, contact your lawyer, etc. Make this call ASAP.
- You’ll be placed in a holding cell until the next steps.
Seeing a Judge
Within 24 hours of the arrest, you must be arraigned – this means brought before a criminal court judge. At your arraignment:
- You will be formally charged with a crime.
- The judge will decide whether to set bail or release you without bail.
- If bail is set, you or your lawyer can pay the bail amount and you’ll be released until your trial date.
- If no bail is set, you will be released on your own recognizance until your trial.
- You can request a public defender if you cannot afford a lawyer.
The arraignment is a critical stage – having a lawyer present can really help your case. Don’t say anything at the hearing except to request counsel if you don’t already have a lawyer.
Jail Time Before Trial
If you can’t afford bail and none was granted, you’ll be taken from the arraignment to pre-trial detention at Rikers Island or another NY jail. You’ll stay there until your trial date, which could take weeks or months.
Jail is unpleasant, but knowing what to expect can help:
- You’ll be searched, fingerprinted again, and photographed in jail clothes.
- You’ll receive a medical evaluation and may be housed alone at first.
- Each jail has different rules – learn them ASAP to avoid trouble.
- Access phone calls, mail, lawyers, recreation, etc. These preserve your sanity.
- Talk to your lawyer as much as possible to prepare your defense.
Your Trial
If you weren’t offered a plea bargain, the arrest leads to a criminal trial where the prosecution must prove guilt “beyond a reasonable doubt.” Some tips for trial:
- Testify only if your lawyer thinks it will help – otherwise exercise your right to remain silent.
- Avoid outbursts and remain calm/respectful in court.
- Let your lawyer handle cross-examinations – don’t try to argue yourself.
- If found guilty, remain polite and controlled. Emotions can affect sentencing.
The trial process culminates with the verdict. If found guilty, you’ll proceed to sentencing. If acquitted, you are free to go!
Know Your Rights
As an American citizen arrested in NY, you have important constitutional rights, including:
- Right to remain silent – you never have to answer police questions.
- Right to avoid self-incrimination – you don’t have to participate in processes that produce evidence against you.
- Right to counsel – you can have a lawyer present for questioning/hearings.
- Right to reasonable bail – bail cannot be excessive.
- Right to a speedy trial – can’t be excessively delayed.
If police violate these rights, your lawyer can get evidence thrown out or even get charges dismissed. So don’t waive your rights accidentally – invoke them politely but firmly after arrest.
Getting Legal Help
Navigating the arrest process alone can be overwhelming. Having an experienced criminal lawyer in your corner makes a huge difference. A lawyer can:
- Advise you on interacting with police, prosecutors, and judges.
- Work to get charges reduced or dismissed pre-trial.
- Defend you vigorously during the trial itself.
- Guide you on plea bargains and sentencing if found guilty.
Public defenders provide legal services if you can’t afford a lawyer. But hiring your own criminal lawyer is wise if possible – public defenders are overworked.
Dealing with the Emotions
Getting arrested – even wrongly – can be traumatic. Common emotional responses include:
- Shock, denial, panic
- Anger at police and the justice system
- Fear about jail time and other consequences
- Anxiety leading up to court dates
- Depression or hopelessness if found guilty
These feelings are totally normal. Don’t bottle them up – turn to trusted friends and family for emotional support. Avoid drugs/alcohol. Seek counseling or join a support group. Journaling can help process emotions too.
Moving Forward Positively
An arrest record can negatively impact your life long after the case ends. But don’t lose hope! Here are tips for moving forward:
- Explore options for record expungement with a lawyer.
- Be patient – the process takes time, but employers may understand if records are eventually cleared.
- Focus on self-improvement – pursue education/training to develop new skills.
- Consider relocating for a fresh start if needed.
- Join community groups – volunteering helps overcome stigma.
An arrest can be devastating, but having the right knowledge and support makes all the difference. Learn your rights, get a great lawyer, take care of your mental health, and don’t give up hope for a bright future despite the challenges.
New York State Courts – Criminal Arrests
NYCLU – What to Do if You’re Stopped by Police
Nolo – Arraignment: Your First Court Appearance