Criminal Defense Lawyers

What is the Process After Being Arrested for a Crime in New York City?

Overview of the Arrest Process in NYC

Being arrested and charged with a crime in New York City can be an overwhelming and scary experience. It’s important to understand the basic process so you know what to expect.After an arrest, you will be taken to the nearest police precinct and “processed” – this means the police will take your personal information, fingerprints, photos, etc. You will then either be given a desk appearance ticket (DAT) to show up to court on a later date or be transferred to central booking to await arraignment.During arraignment, you will be formally charged, advised of your rights, and a judge will make an initial bail determination. From there, your case proceeds through various stages like plea negotiations with the prosecution, motions and hearings, and potentially a trial. At any point, your case could also be dismissed if the evidence is deemed insufficient.Having an experienced NYC criminal defense lawyer to guide you through the complex legal system is highly recommended. A knowledgeable attorney can ensure your rights are protected, fight to get charges reduced or dismissed, and develop an optimal legal strategy.

Steps After an Arrest in New York City

Here is a general overview of what to expect after being arrested for a crime in NYC:

1. Police Precinct Processing

After arrest, you will be taken to the nearest NYPD precinct and held in a cell while the arrest paperwork is processed. This includes:

• Taking your personal information and checking for outstanding warrants
• Fingerprinting and photographing you
• Cataloging any items confiscated from you during arrest
• Allowing you phone calls to contact family/lawyer

The processing can take several hours, though should generally be completed within 24 hours.

2. Desk Appearance Ticket or Transfer to Central Booking

After precinct processing, one of two things can happen:

• Desk Appearance Ticket (DAT): For minor offenses, police may issue you a DAT, which is basically a ticket to appear in court on a later date. You will be released until your court date.
• Transfer to Central Booking: If police decide to formally charge you with a crime, you will be transferred to the central booking facility where you will await arraignment.

Serious charges almost always lead to central booking rather than a DAT.

3. Arraignment

In central booking, you will be held until your arraignment. This is your first court appearance before a judge, usually within 24 hours of the arrest. At arraignment:

• You will be formally charged with a crime based on the police complaint
• The judge advises you of your rights and the charges against you
• You can have bail set or be released on your own recognizance
• You enter a plea (usually “not guilty” at this stage)

If you can’t afford bail, you may wait in jail for your next court date.

4. Early Stages of the Criminal Case

After arraignment, your criminal case will begin proceeding through the system:

• Your defense lawyer can file motions to get evidence suppressed or charges dismissed if there are constitutional issues with the arrest or handling of evidence
• Plea negotiations usually begin with the prosecution soon after charges are filed
• Various hearings may be held leading up to trial to resolve pre-trial motions and disputes over evidence
• Investigations into the case facts will proceed by both defense counsel and prosecutors

Most cases end in a plea bargain rather than trial. An experienced criminal lawyer knows how to negotiate effectively with prosecutors to get charges reduced or dismissed.

5. Criminal Trial

If no plea agreement is reached and the case is not dismissed, it will eventually proceed to a criminal trial by jury. Key stages of trial include:

• Jury selection – Attorneys question and select jurors who will decide the verdict
• Opening statements – Both sides present an overview of the expected evidence and trial themes
• Prosecution’s case – Prosecutors call witnesses and present evidence trying to prove guilt
• Defense case – Defense can raise doubts about prosecutors’ version of events and evidence
• Closing arguments – Final chance to summarize reasons jury should rule innocent or guilty
• Verdict – Jury decides whether defendant is guilty or not guilty on each charge
• Sentencing – If found guilty, the judge will impose a sentence based on sentencing guidelines

Having an Attorney is Critical for Your Defense

Facing criminal charges is frightening, and trying to navigate the complex justice system alone can have severe consequences. An experienced NYC defense lawyer serves vital functions:Protecting Your Rights: Police do make errors during arrests and collection of evidence. A lawyer knows how to file motions to suppress illegally obtained evidence and statements. This alone can sometimes lead to dismissals.Conducting an Independent Investigation: Your attorney’s investigators can uncover flaws in the prosecution’s version of events or find exonerating evidence the police missed. This information is key for negotiations and trial.Negotiating with Prosecutors: Over 90% of criminal cases end in plea bargains rather than trials. Skilled NYC lawyers have relationships with prosecutors and know what evidence will give them leverage to get charges reduced or dismissed through negotiations.Defending You at Trial: If a satisfactory plea deal cannot be reached, a trial lawyer can pick apart inconsistencies in witness accounts and expertly highlight reasonable doubt regarding your guilt.While every case is different, having an assertive lawyer fighting for you from the earliest stages after arrest offers the best chance at a positive outcome, whether through dismissal, dropped charges, acquittal, or minimized penalties. Don’t leave your fate to chance – consult with a qualified NYC criminal defense attorney immediately.

Resources

For more information on the NYC arrest and criminal justice process, check out the following resources:How New York City’s Criminal Justice System Works – Official overview from the New York Courts systemWhat To Do If You’re Arrested in New York City – Helpful guide from Avvo with steps after an arrestNew York Criminal Procedure Law – Full criminal procedure statutes for New York State