What Does It Mean to Be Arrested?
If you are suspected of committed a crime, whether a misdemeanor or felony, you will arrested. Before the police can arrest you, they must have “probable cause.” An arrest can be made based on the police observing a crime, someone reporting a crime, or an arrest warrant. If you are suspected of committing a crime, contact an experienced New York arrest lawyer. In order to ensure that you rights are protected, it is important that you have experienced representation as early in the criminal process as possible.
What Should I Do if I Am Arrested?
Being arrested is frightening. It is also serious. It is important to remain calm and respectful. It is also important to take steps to ensure that your legal rights are protected. You have the right to remain silent. It is a good idea to invoke that right and refrain from making a statement to law enforcement. You also have the right to an attorney. You should invoke that right as well and request an experienced New York arrest lawyer who will speak for you.
What Happens Right After Arrest
If you are arrested you will first be transported to the local police precinct where you will be processed. Processing includes you being fingerprinted and photographed. The arresting officer will complete necessary paper work. You will be placed into a holding cell. If the charge is relatively minor, you will be issued a Desk Appearance Ticket letting you know when and where to appear for your arraignment. Otherwise you will be sent to Central Booking to await your arraignment.
Under What Circumstances Will the Arresting Officer Issue a Desk Appearance Ticket (DAT)?
A DAT will only be issued if you are charged with a class E felony, a misdemeanor or a violation. The arresting officer will also check to see if there are any outstanding arrests or warrants. If there are, you will not be issued a DAT.
What Happens During Arraignment?
Soon after you are arrested you will make an appearance in court. This first court appearance will be your arraignment. Even though this court proceeding is not the trial, it is good idea that an arrest attorney familiar with the New York criminal arraignment process appears with you. During arraignment the prosecutor will present the criminal complaint against you. The complaint will list the crimes with which you are charged as well as the facts that support the charges. The prosecutor will make an argument for bail, or consent to you being released on recognizance. The judge will ultimately make the bail decision.
What Is a Bench Warrant?
You are required to attend all of your court dates. If you were released ROR, or if you were released after posting bail, you will be told when to return to court. If you miss a court date, the judge will issue a bench warrant for your arrest. The judge will issue a bench warrant even if your attorney appears.
Still Have Questions? Contact the Law Offices of Stephen Bilkis & Associates for Help
If you are a loved one is suspected of committing a crime, it is best to have representation by an experienced arrest attorney familiar with the New York criminal system. The earlier an attorney is involved the more likely you will receive a favorable resolution to your case. The attorneys at the Law Offices of Stephen Bilkis & Associates have years of experience successfully defending clients in New York criminal courts who have been charged with both felonies and misdemeanors. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.