What to Do If You Are Arrested in New York

Being arrested in New York is one of the most frightening and disorienting experiences a person can face. Whether you have been stopped on the street, pulled over in your vehicle, or taken into custody at your home or workplace, the moments and hours following an arrest can have lasting consequences on your freedom, reputation, employment, and future. Understanding your rights and taking the correct steps from the very beginning is critical to protecting yourself and building the strongest possible defense.

This guide outlines what you should do—and what you should avoid doing—if you are arrested anywhere in New York. While no article can replace the personalized advice of an experienced New York criminal defense attorney, this resource will help you understand the arrest process under New York law and the steps you must take to safeguard your interests.

Understanding Your Constitutional and New York State Rights

Every individual arrested in New York is protected by both the United States Constitution and the New York State Constitution. These rights exist to ensure fairness in the criminal justice process and to prevent the government from overreaching in its investigations and prosecutions. Knowing these rights—and exercising them properly—is the foundation of protecting yourself after an arrest.

The Right to Remain Silent

The Fifth Amendment of the U.S. Constitution and Article I, Section 6 of the New York State Constitution protect you from being compelled to incriminate yourself. This means you do not have to answer questions from law enforcement officers about the alleged offense. Politely but firmly stating, "I am exercising my right to remain silent and I want to speak with an attorney," is one of the most important actions you can take.

Officers are trained to elicit statements that may later be used against you. Even innocent-sounding remarks, casual conversation, or attempts to explain your side of the story can be misinterpreted or used to support the prosecution's case. Remain silent until your attorney is present.

The Right to an Attorney

You have the absolute right to legal representation. Under New York law, this right attaches at a particularly early stage—often referred to as New York's "indelible right to counsel." Once you clearly request an attorney, all police questioning must cease, and any waiver of counsel must generally occur in the presence of your attorney.

If you cannot afford an attorney, the court will appoint one for you, typically through a public defender's office or assigned counsel program. However, if you have the means, retaining a private criminal defense attorney as quickly as possible can dramatically improve your situation.

Protection Against Unlawful Searches and Seizures

The Fourth Amendment and Article I, Section 12 of the New York State Constitution protect you from unreasonable searches and seizures. Law enforcement generally needs a warrant, your consent, or a recognized exception to lawfully search your person, vehicle, or home. Do not consent to a search. Politely state, "I do not consent to any searches." Even if officers proceed with a search, your refusal to consent may become a crucial issue your defense attorney can later raise.

What to Do Immediately Upon Arrest

The first minutes and hours after an arrest are critical. Your behavior during this period can have a significant impact on the outcome of your case. Follow these guidelines closely:

1. Stay Calm and Comply Physically

Even if you believe the arrest is unjust, resist the urge to argue, run, or physically resist. Resisting arrest is a separate criminal offense under New York Penal Law § 205.30 and can result in additional charges. Keep your hands visible, follow the officer's lawful commands regarding movement, and avoid sudden gestures.

2. Do Not Make Statements

Beyond providing basic pedigree information—your name, address, and date of birth—you are not required to answer questions. Do not attempt to talk your way out of the situation. Do not lie, but do not volunteer information either. The single phrase you should use is: "I want to speak to my attorney, and I am exercising my right to remain silent."

3. Remember the Details

As soon as you are able, mentally note the time of your arrest, the names and badge numbers of the officers, the location of the arrest, and any witnesses who were present. Pay attention to whether you were read your Miranda rights, whether any searches were conducted, and what was said by officers. These details may become essential to your defense.

4. Request to Contact an Attorney

You have the right to make a phone call. Use it wisely. Calling an experienced New York criminal defense attorney should be your top priority. If you cannot reach an attorney directly, call a trusted family member or friend who can contact one on your behalf.

The New York Arrest and Booking Process

Understanding what will happen after your arrest can reduce anxiety and help you make informed decisions. The process generally unfolds as follows:

Booking

After arrest, you will be transported to a police precinct or processing facility. Officers will record your personal information, take your fingerprints and photograph, and document the charges. Personal property will be confiscated and inventoried. Fingerprints are run through state and federal databases to check for outstanding warrants and prior criminal history.

Pre-Arraignment Detention

You may be held in a holding cell while awaiting arraignment. In New York, the law requires that you be brought before a judge for arraignment without unnecessary delay—typically within 24 hours of arrest, though delays sometimes occur. During this time, you may be questioned further; continue to invoke your right to silence and counsel.

Arraignment

The arraignment is your first court appearance. At this proceeding, you will be informed of the charges against you, advised of your rights, and given the opportunity to enter a plea. The judge will also address the issue of bail or release conditions. Following New York's 2020 bail reform laws, many non-violent offenses now require release on recognizance or non-monetary conditions rather than cash bail, though the rules continue to evolve.

Bail and Release Conditions

In New York, judges consider several factors when setting bail or release conditions, including the seriousness of the alleged offense, the defendant's criminal history, ties to the community, employment, and the likelihood of returning to court. Your attorney can argue for the least restrictive conditions and may be able to secure your release without bail in many circumstances.

What NOT to Do After an Arrest

Mistakes made in the hours and days following an arrest can be devastating to your case. Avoid the following:

Do not talk to the police without an attorney. No matter how friendly or sympathetic officers may seem, their job is to gather evidence against you.
Do not discuss your case on jail phones. Calls made from correctional facilities are recorded and may be used as evidence.
Do not post about your case on social media. Prosecutors regularly monitor social media accounts, and even seemingly innocuous posts can be used against you.
Do not contact alleged victims or witnesses. This may result in additional charges, including witness tampering or violations of orders of protection.
Do not consent to searches of your home, vehicle, phone, or person without a warrant.
Do not plead guilty at arraignment without first consulting with a defense attorney, even if the offer seems appealing.
Do not lie to your attorney. Your communications are confidential, and your attorney can only help you effectively if they know the full truth.

How a New York Criminal Defense Attorney Can Help

Hiring an experienced New York criminal defense attorney as early as possible is the single most important step you can take after an arrest. A skilled attorney provides invaluable assistance in numerous ways:

Protecting Your Rights from Day One

Your attorney can intervene immediately to ensure that law enforcement respects your constitutional rights, stops questioning, and follows proper procedures. Early intervention can prevent damaging statements and preserve evidence favorable to your defense.

Advocating at Arraignment

At arraignment, your attorney will argue for your release, challenge unreasonable bail requests, and begin laying the groundwork for your defense. A knowledgeable attorney understands the local courts and judges and can present compelling arguments tailored to your situation.

Investigating the Charges

Your attorney will conduct an independent investigation, reviewing police reports, surveillance footage, witness statements, forensic evidence, and any other available material. This investigation often reveals weaknesses in the prosecution's case, constitutional violations, or exculpatory evidence.

Negotiating with Prosecutors

In many cases, the best resolution is achieved through skilled negotiation. Your attorney can engage with prosecutors to seek reduced charges, dismissals, diversion programs, or favorable plea agreements when appropriate.

Filing Pretrial Motions

An experienced defense attorney will file motions to suppress unlawfully obtained evidence, dismiss defective charges, or otherwise challenge the prosecution's case. New York law provides numerous procedural protections that can be leveraged to your benefit.

Preparing for Trial

If your case proceeds to trial, your attorney will prepare a thorough defense strategy, select jurors, cross-examine witnesses, present evidence, and advocate zealously on your behalf.

Common Charges and Penalties Under New York Law

New York classifies crimes into violations, misdemeanors, and felonies, each carrying different penalties:

Offense Class	Examples	Maximum Penalty
Violation	Disorderly conduct, harassment in the second degree	Up to 15 days in jail
Class B Misdemeanor	Prostitution, attempted petit larceny	Up to 90 days in jail
Class A Misdemeanor	Petit larceny, DWI, third-degree assault	Up to 1 year in jail
Class E Felony	Grand larceny in the fourth degree, certain drug offenses	Up to 4 years in state prison
Class D Felony	Second-degree assault, certain weapons offenses	Up to 7 years in state prison
Class C Felony	First-degree robbery (some cases), certain drug sales	Up to 15 years in state prison
Class B Felony	First-degree robbery, first-degree burglary	Up to 25 years in state prison
Class A Felony	Murder, major drug trafficking	Life imprisonment

Beyond incarceration, criminal convictions in New York can result in steep fines, probation, mandatory programs, loss of professional licenses, immigration consequences, loss of firearm rights, and a permanent criminal record that affects employment, housing, and education opportunities for years to come.

Special Considerations

If You Are Not a U.S. Citizen

Criminal charges can have severe immigration consequences for non-citizens, including deportation, denial of naturalization, and inadmissibility. Even minor offenses can trigger removal proceedings. If you are not a citizen, it is essential to work with a criminal defense attorney who understands the intersection of New York criminal law and federal immigration law.

If You Are a Juvenile

New York's "Raise the Age" legislation generally treats 16- and 17-year-olds as juveniles for most offenses, with cases often heard in Family Court or the Youth Part of Supreme Court. Special procedures and protections apply, and parents should immediately retain an attorney experienced in juvenile cases.

If You Hold a Professional License

Doctors, nurses, attorneys, teachers, financial professionals, and many other licensed individuals face additional consequences from criminal charges, including licensing board investigations and potential loss of their ability to practice. Your defense strategy must account for these collateral consequences.

How to Choose the Right New York Criminal Defense Attorney

Not all attorneys are equally suited to handle your case. When selecting a New York criminal defense lawyer, consider the following:

Experience with your specific charge: An attorney who regularly handles cases similar to yours will understand the relevant statutes, case law, and local court procedures.
Familiarity with the local courts: Knowledge of the prosecutors, judges, and court personnel in the jurisdiction where your case is being heard can be a significant advantage.
Trial experience: Even if your case may resolve through negotiation, having an attorney willing and able to take the case to trial strengthens your bargaining position.
Clear communication: Your attorney should explain the law, the process, and your options in language you understand and should be responsive to your questions.
Transparent fees: Ensure you understand the fee structure, including what is and is not included in the representation.

Contact Our New York Criminal Defense Attorneys

If you or a loved one has been arrested in New York, every moment counts. The decisions you make in the hours and days following an arrest can shape the rest of your life. Our experienced New York criminal defense team is prepared to defend your rights, challenge the prosecution's case, and pursue the best possible outcome for your situation.

We handle a full range of criminal matters across New York, from misdemeanors to serious felony charges, and we are committed to providing aggressive, strategic, and compassionate representation. Contact our office today to schedule a confidential consultation and learn how we can help you navigate this difficult time and protect your future.

You can contact us by phone at 212-233-1233 or by email at [email protected].