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What are my rights when being arrested in New York?
Your Rights When Arrested in New York
Getting arrested can be scary and overwhelming. But it’s important to remember – you have rights. Knowing your legal protections can make a huge difference in how your arrest goes down.
This article will explain your key rights when dealing with police and arrests in New York. Understanding these rights is the first step in protecting yourself.
Right to Remain Silent
The most important right to remember is your right to remain silent. Anything you say to the police can potentially be used against you, even casual remarks. So it’s best to say nothing at all without a lawyer present.
You must verbally invoke your right to silence by telling officers you wish to remain silent. Don’t just stay quiet while police ask questions. Say out loud “I want to remain silent.”
Right to an Attorney
You have the right to consult with an attorney before answering any questions from the police. And you can have your lawyer present during any questioning.
To invoke this right, clearly tell the officers you want to speak to a lawyer. Police are required to stop questioning you until your attorney arrives.
Right to Know Why You’re Being Arrested
At the time of arrest, police must explain why you are being taken into custody. Pay close attention so you understand the exact charges.
If they don’t tell you why, ask them directly. You need to know what you’re being arrested for.
Right to See Arrest Warrant
If police have an arrest warrant, you have a right to see it. The warrant must have specific details like your name, address, date of birth, and list of charges.
Ask officers to produce the warrant if they don’t show it unprompted. Verify that the information is accurate.
Right to Make Phone Calls
Once arrested, you have the right to make phone calls to contact a lawyer, family, or friends. Police must allow you to make these calls within a reasonable time frame.
Let officers know immediately that you need to make phone calls and give them the numbers. Don’t wait for them to offer.
Right to Decline Searches
Police need a warrant or your consent to legally search your body, property, home or vehicle. Never consent to a search without speaking to a lawyer first.
Politely but firmly tell officers you do not consent to any searches if asked. Don’t physically interfere with them though.
Right to Humane Treatment
You have a right to be treated humanely and have basic needs met while in police custody. This includes:
- Medical care if injured
- Bathroom access
- Food and water
- Adequate ventilation and temperature
If any of these rights are denied, report it to your lawyer immediately. Mistreatment may violate your civil rights.
Right to a Fair Bail
Most people arrested have a right to be released on bail pending trial. Bail should be based only on flight risk, not an unfair punishment.
If bail seems unreasonable, your lawyer can request a bail hearing to get the amount reduced or changed to a bond.
Know Your Rights!
Sadly, false arrests and police misconduct happen too often. Knowing your rights helps prevent abuses of power and gives you recourse if mistreated.
Don’t rely on cops to explain your rights – educate yourself ahead of time. And invoke your rights clearly and out loud.
With strong advocacy and constitutional protections on your side, you have the power to improve the situation even when arrested.
References:
[1] NYCLU – What to Do if You’re Stopped by Police
[3] New York Arrest, Search and Seizure Laws
[4] Arrests and Police Procedure in NY
[5] New York Criminal Procedure Law 140.20 – Arrest Without a Warrant