Being arrested in New York can be stressful and confusing, especially if you have never before had contact with the criminal justice system. Unfortunately, many individuals who are arrested in New York are not aware of what they were doing wrong and are unaware of their rights during arrest. Our New York arrest lawyer team from the Law Offices of Robert Tsigler, PLLC, has constructed this blog to ensure that the people of New York can take steps to protect themselves and their rights during arrest.
A New York Arrest
While being arrested can seem like an inconsequential part of the justice process, the way that you behave and handle being under arrest can have a large impact on the rest of your case. Therefore, it is critical to stay calm, know your rights, and insist on getting access to proper legal representation before speaking with law enforcement.
If a person is suspected of having committed a crime, and it can be proven that there is probable cause to believe that they carried out the crime, then the person can be legally arrested. When the person is arrested, they can be searched and asked for their personal identification. After the arrest is made, the person will then be transported to the local precinct or police station, where they could possibly be photographed and have their fingerprints taken.
There are some cases in which an arrested individual might be issued a Desk Appearance Ticket, or DAT, instead of being taken directly to the precinct. This means that they will be required to come to court at a certain time in the future, where they will be expected to answer the charges against them.
What to Expect: After a N.Y. Arrest
The District Attorney’s Office is responsible for analyzing a case after an arrest happens in order to decide whether to press charges or not. If the DA’s office decides not to press charges, then the defendant will be released from custody. After the police transfer the defendant’s case to the DA’s office, it’s important that they stay in contact with the Assistant District Attorney assigned to their case.
If the DA’s office decides to file charges, then the arraignment, or initial court hearing, will be held before a judge. The DA’s Office has the responsibility to represent the state rather than the victim of the crime. Defendants have a right to an attorney whether they can afford one or not. If they can’t afford one, they will be assigned one by the courts.
A defendant can choose to plead guilty or not guilty to their charges during arraignment. It is possible that the defendant will receive an Adjournment in Contemplation of Dismissal (ACD). This doesn’t admit their innocence. It merely postpones the case under certain conditions.
Depending on the details of the case, a defendant can be put in jail, have the opportunity to post bail or be released while waiting for trial. If they do not appear in court, then a bench warrant will be issued for their arrest. An experienced criminal defense attorney can help you navigate the complex criminal justice process that is triggered after being arrested in New York.
Q: What Is a New York State Warrant for Arrest?
A: A warrant for arrest in New York is a legal document issued by the courts to bring someone who has been accused of committing a crime into custody. Probable cause that the individual committed the crime must be demonstrated in order to have a warrant issued in New York. A warrant can be issued under multiple different circumstances, including suspicion of having committed a crime, failure to show up to court hearings, and other legal violations.
Q: What Is the New York 45-Day Indictment Rule?
A: In the state of New York, the 45-day indictment rule requires the state to formally charge an individual who is arrested and being held in custody within 45 days of their initial court appearance. This statutory requirement ensures that individuals are not held indefinitely in custody for crimes that they did not commit. If the indictment doesn’t occur on time, then the individual in custody can dispute being held there.
Q: If I Am Under Arrest, Do I Have to Be Told This?
A: It is a general requirement in New York State that law enforcement must let people know that they are under arrest during the process. In addition to stating that the person is under arrest, law enforcement must also give a reason for arrest and must tell the defendant their Miranda rights. Miranda’s rights explain the right to have an attorney and the right to remain silent. If you believe that your rights were infringed upon during an N.Y. state arrest, then an experienced arrest lawyer can help you pursue justice.
Q: What Happens After a New York Indictment?
A: The indictment is the first court appearance to which a defendant is called. After this appearance, the New York courts will arraign the defendant or present the formal charges against them. During arraignment, a defendant can decide to plead guilty or not guilty to the charges against them. A knowledgeable New York criminal defense lawyer can provide strategic advice on choosing whether to plead guilty or not in a case.
Defend Your Rights: Work With a Passionate New York Arrest Lawyer
If you believe that your rights have been breached in any way during a New York arrest, then it is important to get in touch with a criminal defense lawyer who can help you either file new charges against the perpetrators or help you get your charges reduced or dropped due to breach of your rights.
A New York arrest lawyer from the Law Offices of Robert Tsigler, PLLC, can analyze the details of your arrest to ensure that your rights were protected. If they find a flaw in the arrest, they will work with you to develop a comprehensive plan to restore justice. Reach out today to get started.