In April 2023, criminal defense attorney Gianni Karmily was interviewed by The Associated Press for its coverage of the criminal arrest, surrender, booking, and arraignment process in New York following the indictment of former President Donald Trump.
The Associated Press article, “Donald Trump has been indicted. Here’s what happens next,” examined what typically happens when someone in New York is required to surrender to authorities and answer criminal charges. The article discussed the surrender process, booking, fingerprinting, photographing, questioning, arraignment, detention, and release considerations.
Gianni Karmily was quoted by the Associated Press regarding an important issue for anyone facing an arrest or surrender: what a defendant should do when questioned during the process.
The AP identified Gianni Karmily as a defense lawyer who practices in New York City and on Long Island.
READ THE ASSOCIATED PRESS ARTICLE: “Donald Trump has been indicted. Here’s what happens next.”
What Happens After Someone Is Indicted in New York?
An indictment does not mean that a criminal case is over. An indictment is part of the process by which felony charges proceed in New York, and an individual facing an indictment will generally have to appear before a court for an arraignment on the indictment.
New York Courts explains that an arraignment is a formal court proceeding in which the defendant is informed of the charges and advised of important rights, including the right to an attorney. The court also addresses the defendant’s plea and issues relating to release or bail when applicable.
What happens after an indictment can vary depending on the circumstances of the case, the charges involved, the court handling the matter, and whether the defendant has already been arrested or is arranging a surrender.
For someone facing a criminal indictment, understanding the process and obtaining legal representation early can be important.
What Is a Voluntary Surrender in a New York Criminal Case?
In some criminal cases, an individual who has learned that an arrest or indictment is forthcoming may arrange to surrender to authorities rather than being unexpectedly arrested.
The Associated Press article concerning Donald Trump described how scheduled surrenders can involve coordination between defense attorneys and prosecutors or law enforcement.
A scheduled surrender does not mean that the person is not being arrested. It is still part of the criminal process and can lead to booking and an appearance before a judge.
The circumstances surrounding a surrender can differ substantially from case to case. The nature of the charges, the court involved, the defendant’s circumstances, and whether the surrender was arranged in advance can all affect how the process unfolds.
What Happens During the Booking Process?
After an arrest or surrender, a defendant generally goes through a booking and processing procedure before appearing in court.
The Associated Press explained that New York defendants answering criminal charges may be fingerprinted, photographed, asked basic identifying questions, and processed before their arraignment.
The precise procedure can vary depending on the circumstances.
A defendant may also be required to surrender certain personal property during the process. The AP article noted that attorneys generally are not permitted to accompany their clients through every portion of the booking process.
This is one reason it can be helpful for someone facing an anticipated surrender or arrest to understand the process beforehand and discuss the circumstances with a criminal defense attorney.
Should You Make Statements During an Arrest or Surrender?
This was the subject of Gianni Karmily’s commentary to the Associated Press.
Gianni advised defendants to be extremely careful about making statements during the arrest and booking process. A person who is nervous, confused, or caught up in the moment may believe that explaining the situation will help, but statements made during a criminal investigation can potentially become part of the evidence in a case.
The appropriate response to questioning can depend on the circumstances, and a person facing criminal charges should discuss the situation with a criminal defense attorney.
The broader point behind Gianni Karmily’s AP commentary is straightforward: being arrested or surrendering on criminal charges is not the time to try to explain your entire case to law enforcement.
If you are facing an arrest, surrender, or criminal investigation in New York, obtaining advice from a criminal defense attorney can help you understand your rights and the next steps in your particular situation.
What Happens at a New York Criminal Arraignment?
An arraignment is the defendant’s formal appearance before a judge.
According to New York Courts, the defendant is informed of the charges and advised of rights, including the right to an attorney. The defendant’s plea is addressed, and the court considers issues involving release or bail when applicable.
The arraignment is not the same thing as a criminal trial.
The court does not determine guilt simply because a defendant has been arraigned. Instead, the arraignment begins or advances the formal court process and addresses matters such as the charges, representation, plea, and release.
For additional information, see our guide: What Can You Expect at an Arraignment?
What Happens After an Arraignment?
The next stage depends on the charges and the circumstances of the case.
A defendant who pleads not guilty may proceed into the pretrial phase. Depending on the case, this can involve discovery, motions, negotiations, hearings and eventually a trial.
New York Courts explains that criminal cases can involve several stages between arraignment and resolution, including pretrial proceedings, motions, hearings, trial, and sentencing when applicable.
The defense attorney’s role can therefore extend far beyond the initial arrest or arraignment.
What Is the Difference Between a Scheduled Surrender and an Unexpected Arrest?
A scheduled surrender and an unexpected arrest can place a defendant into the same overall criminal justice system, but the immediate circumstances can be very different.
With a scheduled surrender, an attorney may have an opportunity to communicate with prosecutors or authorities beforehand and help the client understand when and where to appear.
An unexpected arrest provides considerably less opportunity to prepare beforehand.
The Associated Press article used both types of situations to explain how the circumstances surrounding an arrest can affect the experience of the defendant.
Regardless of how the arrest occurs, a defendant should take the situation seriously and understand that the arrest is only one stage of the criminal case.
What Should You Do If You Learn You May Be Arrested?
If you learn that you may be arrested or that an indictment may result in an upcoming surrender, consider speaking with a criminal defense attorney as soon as possible.
An attorney can help you understand:
- What charges you may be facing
- Whether an arrest or surrender is expected
- Where and when you may need to appear
- What happens during booking
- What to expect at arraignment
- Whether release or bail issues may arise
- What information you should provide to authorities
- What information should instead be discussed privately with your attorney
- What happens after arraignment
- What defenses or legal strategies may be available in your case
Every criminal case is different. The appropriate strategy depends on the facts, charges, evidence, criminal history, procedural posture, and other circumstances of the individual case.
Gianni Karmily’s Commentary in the Associated Press
Gianni Karmily’s commentary appeared in the Associated Press article “Donald Trump has been indicted. Here’s what happens next,” published in March 2023.
The article examined the New York criminal arrest and surrender process and discussed what defendants can expect after an indictment or arrest.
The Associated Press identified Karmily as a defense lawyer practicing in New York City and on Long Island and sought his perspective concerning what defendants should do during the arrest and booking process.
READ THE FULL ASSOCIATED PRESS ARTICLE HERE.
About Criminal Defense Attorney Gianni Karmily
Gianni Karmily is the principal attorney of the Law Firm of Gianni Karmily, PLLC, a criminal defense practice serving Nassau County, Long Island, and New York.
According to the firm’s attorney biography, Gianni developed an interest in criminal defense while attending the University of Detroit Mercy School of Law and interned with the Legal Aid and Defender Association in Detroit, Michigan.
His practice focuses on representing individuals facing criminal charges, including felony and misdemeanor matters.
The Law Firm of Gianni Karmily, PLLC maintains offices in Great Neck and Hempstead and represents individuals facing criminal charges throughout Nassau County and Long Island.
For individuals facing an arrest, surrender, arraignment, or other criminal proceeding, the firm provides access to criminal defense representation and case evaluations.
FREQUENTLY ASKED QUESTIONS
What happens after an indictment in New York?
After an indictment, the defendant generally must appear in court for an arraignment on the indictment. The court addresses the charges, the defendant’s rights, the plea, and applicable release or bail issues.
What happens during a New York criminal arrest?
The specific process varies, but an arrested defendant may be processed through booking, identification procedures, fingerprinting, photographing, questioning, and eventually arraignment.
Can I talk to a lawyer before surrendering?
If you know that you may be required to surrender, contacting a criminal defense attorney beforehand can allow you to discuss the process and your particular circumstances.
Should I answer questions during an arrest?
A defendant should be careful about making any statements concerning the allegations or circumstances of a criminal case. The appropriate response depends on the situation, so it is important to understand your legal rights and speak with a criminal defense attorney.
What happens at a criminal arraignment?
At arraignment, the defendant is informed of the charges and advised of important rights. The plea is addressed, and the court may consider release or bail depending on the circumstances.
Is an arraignment the same as a trial?
No. An arraignment is a formal court proceeding that occurs at the beginning of a criminal case or at another stage specified by law. It is not a trial and does not itself determine whether the defendant is guilty.
Does Gianni Karmily represent people facing criminal charges in Nassau County?
Yes. The Law Firm of Gianni Karmily, PLLC represents individuals facing criminal charges in Nassau County and throughout Long Island, including felony and misdemeanor matters.
Where is the Law Firm of Gianni Karmily located?
The firm maintains offices in Great Neck and Hempstead, New York. Contact the firm directly for current office information and to discuss a potential criminal case.
***Legal Disclaimer***
This article is provided for general informational purposes and is not legal advice. Every criminal case is different, and the procedures that apply to a particular defendant depend on the charges, court, facts, and circumstances of the case. If you are facing an arrest, surrender, indictment, or criminal charge, consult a qualified New York criminal defense attorney regarding your specific situation.
