Criminal Law in New York: What to Do if You’re Arrested

Understanding the criminal justice system in New York can be overwhelming, especially if you find yourself on the wrong side of the law. If you or someone you know is arrested, knowing the appropriate steps to take is crucial for navigating the situation effectively.

1. Remain Calm and Comply with Police Officers

The first and foremost step is to remain calm. Reacting with anger or aggression can escalate the situation. Comply with the police officers’ instructions and avoid making any sudden movements. Remember, you have the right to remain silent until you have legal representation.

2. Know Your Rights

Upon arrest, you have several rights. This includes the right to remain silent and the right to an attorney. Politely inform the police that you wish to exercise these rights. Anything you say can be used against you in court, so it’s in your best interest to refrain from talking until your lawyer is present.

3. Contact a Lawyer

As soon as possible, contact a criminal defense attorney. Legal counsel can assist you in understanding the charges against you and can help protect your rights throughout the legal process. If you cannot afford an attorney, you have the right to a public defender.

4. Be Aware of the Bail Process

In New York, after an arrest, the police will book you and then take you to a local courthouse for an arraignment, which usually occurs within 24 hours. During this process, the judge will determine the bail amount, if applicable. It's essential to have a plan in place for how to handle your bail, whether that includes using a bail bondsman or having a family member assist you.

5. Understand the Charges Against You

It’s crucial to be informed about the specific charges you are facing. New York classifies crimes into felonies and misdemeanors, with varying degrees of severity. Knowing the nature of your charges is vital for strategizing your legal defense.

6. Gather Evidence

If possible, start gathering evidence that may support your case. This can include witness information, photographs, videos, or any other items relevant to your situation. Share these materials with your attorney during your first meeting.

7. Prepare for Court

Your attorney will advise you on what to expect during court appearances. Dress appropriately for court proceedings and behave respectfully. It’s important to arrive on time and be aware of court etiquette.

8. Stay Connected with Your Lawyer

Maintain open communication with your attorney throughout your case. Your lawyer is your best resource for exploring case options, plea bargains, and potential defenses. Ask questions and ensure you understand the legal process.

9. Follow Legal Advice

It’s critical that you follow the advice given by your attorney. Do not take legal matters into your own hands, and avoid discussing your case with anyone, as it could jeopardize your defense.

10. Know the Consequences

Finally, educate yourself about potential consequences if convicted. This includes not only jail time but also potential fines, community service, or long-lasting effects on your criminal record. A knowledgeable attorney can help you navigate these implications.

Facing arrest in New York can be a frightening experience. However, knowing your rights, gathering necessary resources, and having a solid legal strategy can significantly impact the outcome of your case. Always prioritize legal assistance to ensure your rights are fully protected.