Managing Partner
If you or a loved one has been arrested in New York City, the experience can be overwhelming. Understanding what happens next can help you protect your rights and make informed decisions. While every case is different, most arrests follow a similar path through the criminal justice system. The actions taken during the first hours and days after an arrest can have a significant impact on the outcome of a case, which is why speaking with a criminal defense attorney as early as possible is so important.
This guide will break down what happens after an arrest in NYC, from the moment of arrest to your first court appearance and beyond.
Step 1: The Arrest
An arrest generally occurs when law enforcement has probable cause to believe you committed a crime, has witnessed you committing one, or is acting on a valid warrant. Once placed under arrest, you will be handcuffed and transported to the local precinct.
At this moment, one rule matters above all: do not speak to police without an attorney present. Even if officers suggest that cooperation will help your case, anything you say can be used against you. Politely invoke your right to remain silent and ask to speak with a criminal defense attorney immediately. For example, “Forgive me, but I will not be speaking to you until I have an attorney present.” Then do not say anything after that besides, “I won’t comment on anything without my lawyer.”
Step 2: Processing at the Precinct
At the precinct, officers will collect “pedigree” information: your name, date of birth, address, and Social Security number. You will be searched, your belongings will be vouchered for safekeeping, and you will be fingerprinted and photographed.
Precinct processing typically takes four to six hours. During this time, you are generally permitted to make up to three phone calls. Use one to contact a lawyer or a loved one who can reach one on your behalf.
While you wait, a prosecutor reviews the arresting officer’s account to decide whether to proceed with charges. If there is insufficient evidence, you may be released, a result known as “Declined Prosecution.”
Step 3: Desk Appearance Ticket or Central Booking
Depending on the severity of the charges and your criminal history, one of two things will happen next:
- Desk Appearance Ticket (DAT): For lower-level offenses, you may be released from the precinct with a ticket requiring you to appear in court on a set date. Do not ignore this date. Failure to appear will result in a warrant for your arrest.
- Central Booking: For more serious charges, you will be transported to Central Booking at the courthouse where you will be arraigned. Expect to wait eight to twelve hours before seeing a judge. Under New York law, you must be arraigned within 24 hours of your arrest.
Step 4: The Arraignment
The arraignment is your first appearance before a judge and one of the most important moments in your case. At this hearing:
- The charges against you are formally read aloud.
- You enter a plea, which is almost always “Not Guilty” at this stage.
- The judge determines whether to set bail, release you, or remand you to custody.
Before appearing before the judge, you will have a brief opportunity to meet with your attorney. A New York criminal defense lawyer will review your paperwork, explain your charges, and argue for your release from the very start.
Step 5: The Bail Hearing
Bail is typically addressed during the arraignment. Under New York Criminal Procedure Law Section 510.30, the judge must consider several factors, including:
- Your character, employment history, and ties to the community
- Your criminal record and any prior failures to appear in court
- The severity and nature of the current charges
The judge may release you on your own recognizance (ROR), set a bail amount, place you on supervised release, or remand you to custody. A well-prepared criminal defense attorney can argue effectively for your release, allowing you to fight your case from home rather than a cell.
Step 6: Building the Defense
Once the arraignment concludes, your attorney begins building your defense. This phase involves:
- Reviewing discovery: Prosecutors are required to hand over evidence including police reports, body camera footage, witness statements, and other relevant materials.
- Filing pre-trial motions: These may include motions to suppress illegally obtained evidence or statements, or motions to dismiss defective charges entirely.
- Independent investigation: Your attorney may review body camera footage, officer records, and other materials to identify weaknesses in the prosecution’s case.
This phase is where many cases are resolved before reaching trial. Retaining a New York City criminal defense lawyer early ensures that no critical opportunity to challenge the prosecution is overlooked.
Step 7: Plea Bargaining or Trial
Most criminal cases are resolved through plea agreements rather than trials. A plea deal involves pleading guilty to a lesser charge in exchange for a reduced sentence. Whether to accept a plea or proceed to trial is one of the most consequential decisions you will face, and it should only be made with the guidance of a skilled attorney.
If your case goes to trial, it will be heard by a jury (12 jurors for a felony, 6 for a misdemeanor) or by a judge alone in a bench trial. The prosecution bears the burden of proving guilt beyond a reasonable doubt.
Step 8: Sentencing
After a guilty verdict or plea, the case proceeds to sentencing. The judge considers the nature of the offense, your criminal history, and any mitigating circumstances. Sentences range from fines and probation to jail or prison time. Your attorney can argue for a lighter sentence and correct errors in the pre-sentence investigation report.
Frequently Asked Questions
Do you go straight to jail after being arrested in NYC?
Not always. For minor, non-violent misdemeanors, police often issue a Desk Appearance Ticket and release you from the precinct. More serious charges typically result in transport to Central Booking and a hearing before a judge.
Should you speak to police after an arrest?
No. Politely decline to answer questions and request an attorney immediately. Nothing you say to the police can help you at this stage, but anything you say can and will be used against you in court.
Why is having an attorney at arraignment so important?
The arraignment is where bail is set, and your initial plea is entered. An experienced criminal defense attorney can argue for your release, challenge excessive bail, and position your case strategically from the very first hearing.
Why Choose The Fast Law Firm?
At The Fast Law Firm, we understand that the hours following an arrest are the most critical. We step in quickly to protect your rights, challenge the prosecution’s case, and fight for the best possible outcome at every stage of the process.
- Former prosecutors on the team, with direct knowledge of how the District Attorney’s office builds its cases and where they can be challenged
- Experience defending clients across all five boroughs of New York City
- Strong track record across a wide range of criminal matters, from misdemeanors to serious felonies
- Clear, direct communication so you understand your options, your rights, and your defense strategy at every step
If you or a loved one has been arrested in New York City, do not wait. Contact The Fast Law Firm today for a free, confidential consultation. Early legal intervention can change everything.
