What Are Your Rights if You Are Arrested in New York?
Getting arrested in New York can be a scary and confusing experience. At Spodek Law Group, we understand how stressful this situation is. That's why we're here to help you understand your rights and guide you through the process. With our experienced criminal defense attorneys by your side, you can feel confident that your rights will be protected.
Your Miranda Rights
One of the most important things to know if you're arrested in New York is that you have Miranda rights. These are constitutional rights that protect you during police questioning.
The police MUST read you your Miranda rights before interrogating you if you're in custody.Your Miranda rights include:
- The right to remain silent
- The right to an attorney
- The right to have an attorney appointed if you can't afford one
- The warning that anything you say can be used against you in court
It's crucial to understand that you can invoke these rights at any time, even if you've already started talking to the police. Our advice?
Exercise your right to remain silent and ask for an attorney immediately. Don't try to explain or talk your way out of the situation - that rarely works and often makes things worse.There's a common misconception that police have to read you your Miranda rights as soon as you're arrested. That's not actually true. They only need to read them before questioning you while you're in custody. However, if they don't read you your rights and then question you, any statements you make may not be admissible in court.
Your Right to an Attorney
Perhaps the most important right you have when arrested is the right to an attorney. This is where we come in. At Spodek Law Group, we're available 24/7 to assist you if you've been arrested.
Don't wait - call us at 212-300-5196 as soon as possible after your arrest.Having an attorney present during questioning can make a huge difference in the outcome of your case. We can:
- Advise you on what questions to answer and what to avoid
- Ensure the police are respecting your rights
- Start building your defense strategy immediately
- Negotiate with prosecutors on your behalf
Remember, the police may try to convince you that you don't need an attorney or that things will go better for you if you talk to them without one.
Don't fall for it. Always insist on having your attorney present.
Your Right to Know Why You're Being Arrested
When you're arrested in New York, you have the right to know why. The police must inform you of the charges against you. If they don't tell you, ask calmly but firmly, "Why am I being arrested?"Knowing the charges can help you and your attorney start planning your defense strategy right away. It can also help prevent any misunderstandings or unnecessary escalation of the situation.
Your Right to Remain Silent
We can't stress this enough -
you have the right to remain silent, and you should use it. Many people think that if they just explain their side of the story, everything will be cleared up. Unfortunately, that's rarely how it works in real life.Anything you say to the police can be used against you in court. Even innocent statements can be twisted or taken out of context. That's why we always advise our clients to politely but firmly tell the police, "I'm exercising my right to remain silent and I want to speak to my attorney."
Your Right to Refuse Searches
Unless the police have a warrant or probable cause, you have the right to refuse searches of your person, your car, or your home. If an officer asks to search you or your property, you can say, "I do not consent to any searches."However, be aware that there are exceptions. For example, if you're arrested, the police can do a "search incident to arrest" of your person and the area within your immediate reach. They can also search your car if they have probable cause to believe there's evidence of a crime inside.
Your Rights During Booking
After you're arrested, you'll be taken to the police station for booking. During this process, you'll be photographed and fingerprinted, and your personal information will be recorded. You do have to provide basic identifying information like your name and address, but you don't have to answer any questions about the alleged crime.Remember, even at this stage, you still have the right to remain silent and the right to an attorney. If the police try to question you about the incident, politely remind them that you're exercising your right to remain silent and that you want to speak to your attorney.
Your Right to a Phone Call
Contrary to popular belief, you don't have a constitutional right to a phone call after being arrested. However, in New York, you generally will be allowed to make at least one phone call within a reasonable time after your arrest.We recommend using this call to contact a family member or friend who can then reach out to us at Spodek Law Group. Remember,
phone calls from jail may be monitored, so don't discuss any details of your case.
Your Right to a Speedy Arraignment
In New York, you have the right to be arraigned (formally charged before a judge) within a reasonable time after your arrest. This usually happens within 24 hours, although it can take longer in some cases.At your arraignment, you'll be informed of the charges against you, and you'll have the opportunity to enter a plea. This is also when bail will be set if applicable. Having an experienced attorney from Spodek Law Group with you at your arraignment can make a significant difference in the outcome.
Your Rights Regarding Bail
At your arraignment, the judge will decide whether to release you on your own recognizance (meaning you promise to return for your court date) or set bail. If bail is set, you have the right to request a lower amount if you can't afford it.Our attorneys at Spodek Law Group can argue for your release or for lower bail based on factors like your ties to the community, your criminal history (or lack thereof), and the nature of the charges against you.
Your Right to a Fair Trial
If your case goes to trial, you have numerous constitutional rights, including:
- The right to a speedy trial
- The right to a public trial
- The right to an impartial jury
- The right to confront witnesses against you
- The right to call witnesses in your defense
- The right to testify (or not testify) on your own behalf
Our experienced trial attorneys at Spodek Law Group will work tirelessly to ensure all of these rights are protected throughout your case.
What to Do If Your Rights Are Violated
If you believe your rights have been violated during or after your arrest, it's crucial to document everything you can remember as soon as possible. Write down details like:
- The names or badge numbers of the officers involved
- The time and location of the incident
- What exactly was said or done
- Any witnesses who may have seen what happened
Then, contact us at Spodek Law Group immediately. We can help you file a complaint and potentially use the violation to your advantage in your defense strategy.
How Spodek Law Group Can Help
At Spodek Law Group, we're committed to protecting your rights and fighting for the best possible outcome in your case. Our experienced criminal defense attorneys have a deep understanding of New York law and the local court system.When you work with us, we'll:
- Thoroughly investigate the circumstances of your arrest
- Challenge any evidence that may have been obtained illegally
- Negotiate with prosecutors to get charges reduced or dismissed if possible
- Prepare a strong defense strategy if your case goes to trial
- Keep you informed and involved throughout the entire process
Remember, an arrest is not a conviction. With the right legal representation, you can fight the charges against you and protect your future.
Don't wait - if you've been arrested in New York, call Spodek Law Group at 212-300-5196 right away. We're available 24/7 to start working on your defense.
Frequently Asked Questions
Here are some common questions we get about arrests in New York:
Q: Do I have to answer the police's questions?A: No, you have the right to remain silent. We strongly advise exercising this right and only speaking to the police with your attorney present.
Q: Can the police search my car if I'm arrested?A: If you're arrested while in your car, the police can search the areas of the car within your immediate reach. They may also be able to search the entire car if they have probable cause to believe there's evidence of a crime inside.
Q: What should I do if I think the police violated my rights?A: Document everything you can remember and contact an attorney as soon as possible. At Spodek Law Group, we can help you file a complaint and potentially use the violation to your advantage in your defense.
Q: How long can the police hold me without charges?A: In New York, you should be arraigned (formally charged before a judge) within 24 hours of your arrest in most cases. If this doesn't happen, your attorney can file a writ of habeas corpus to demand your release or arraignment.
Q: Can I be forced to give a DNA sample?A: In New York, if you're arrested for certain felonies, you may be required to provide a DNA sample. However, this typically doesn't happen until after you've been convicted.Remember, every case is unique, and the specific circumstances of your arrest can greatly affect your rights and options. That's why it's crucial to consult with an experienced criminal defense attorney as soon as possible after an arrest.
Conclusion
Being arrested is a serious situation, but knowing your rights can make a big difference in the outcome of your case. At Spodek Law Group, we're here to protect those rights and fight for you every step of the way.From the moment of your arrest through the resolution of your case, we'll be by your side, ensuring that law enforcement and prosecutors respect your constitutional rights. We'll use our extensive knowledge of New York law and our years of experience to build the strongest possible defense for you.Don't face this challenging time alone. If you've been arrested in New York,
call Spodek Law Group at 212-300-5196 right away. We're available 24/7 to start working on your defense and protecting your rights. With our help, you can navigate this difficult situation and work towards the best possible outcome for your case.Remember, an arrest is not a conviction. With the right legal representation, you can fight the charges against you and protect your future. Let Spodek Law Group be your advocate and defender in this crucial time.
