Not every arrest is going to be the same, so your experience may differ slightly from the examples provided below. This guide is for general information and educational purposes and should not be taken as legal advice. For legal advice, please reach out and contact a Buffalo, NY defense attorney. Prior results do not guarantee future success.
Getting arrested can be frightening and stressful, and you need an accomplished defense attorney in New York who knows the system and how to best help you. At DuBois Law, we provide that expertise and will do what we can to make the process as easy for you as possible.
"You're under arrest!"
The arrest process starts when you're taken into custody and no longer allowed to freely leave the arresting officer(s). You will likely be handcuffed and taken to the local precinct for initial processing.
When the police have taken you into custody, they must read you your Miranda rights. If you need a refresher, these would be:
- You have the right to remain silent
- Anything you say can and will be used against you in a court of law
- You have the right to consult an attorney before and during questioning
- If you cannot afford a lawyer, one will be appointed by the state for you
- These rights can be exercised at any time.
You'll be searched and your things will be inventoried, and when the police first talk to you they will likely do a pat-down to ensure you're not carrying any weapons, stolen goods, or anything else that would constitute a crime. You'll receive a voucher so you can obtain your legal goods upon release. You will have to sign the voucher, but check it to make sure it only includes what you had with you.
Anything considered contraband or illegal will be held as evidence. You will likely be charged with a crime for possessing those items.
To the Precinct
You will be taken to the precinct for booking. At this point, you'll be asked to give basic personal information, such as your name, date of birth, address and social security, etc. You'll also be fingerprinted and photographed at this point.
You may be asked to provide a handwriting sample or stand in a lineup at this point. You should only do so (or choose not to) on the advice of your New York defense attorney.
At some point during your time at booking, you'll meet with someone from the Criminal Justice Agency. This person will recommend to the court whether or not to provide bail as an option and what its amount will be. Give this agent whatever information tying you to the area they ask for (home, place of work, family, etc) that could keep your bail amount down or even eliminate it.
If you're ever detained but not booked, your attorney can file for a writ of habeas corpus from the judge. This order tells police to bring you before the court to determine whether your detainment is lawful or not.
After being booked, officers will bring your information to the prosecutor. The prosecutor will then decide what charges, if any, are going to be filed. Charges can be added, altered or dropped over time as more thorough evidence is gathered. Once the prosecutor has your information, you will be arraigned and then have your trial at a later date.
The arrest process is, for the most part, pretty straightforward. One event leads into the next and they build logically. That being said, it can still be an endeavor to experience and you want a New York defense attorney in your corner. Once the arresting process is through, you move to your arraignment where you absolutely want a NY lawyer in the room with you. We'll touch more on arraignment at a later date.
Disclaimer: Each case is unique according to its own facts. and the examples provided above may not apply to your case. Call DuBois Law for a free consultation to see what we can do to help you.
Getting arrested is stressful. Call DuBois Law today at 888-68-48589 (888 NT-GULTY) for a FREE consultation. You can also fill out a contact form if you don't want to pick up the phone. You want the best defense attorney in New York on your side, and Daniel DuBois is that. Check us out in the news and from client testimonials! Stay up to date with our blog for more posts like these. If you need financing help, we have a page set up for you. Do your research and hire the best defense attorney in New York to be on your side.