In New York, most detained individuals will follow the exact same process after being arrested, regardless of what type of crime they were arrested for. In every arrest situation, after being handcuffed, you’ll be brought to the police station precinct and will be fingerprinted. Your information will be processed and you will take a photograph documenting your appearance.
For charges that generally carry less severe penalties, an officer might issue you a ticket instead of fully processing your arrest and keeping you in jail. This is referred to as a Desk Appearance Ticket.
What Happens When You Get A Desk Appearance Ticket In New York?
If you’ve received a Desk Appearance Ticket, you aren’t required to stay overnight in jail. Instead of waiting in jail for a judge to see you, which could take as long as twenty-four hours, you are allowed to be sent home and instead are required to appear in court at a future date.
A Desk Appearance Ticket is generally issued in misdemeanor cases or otherwise minor and non-violent charges.
What Happens During Processing After Being Arrested In New York?
If you haven’t been granted a desk appearance ticket, you will be sent to what’s referred to in New York as central booking. You’ll be held in central booking while a district attorney processes and analyzes the facts of your case. In the meantime, your fingerprint information is sent up to New York state’s capital in Albany. You may be transferred from room to room while in central booking, but you will not be permitted to leave. Processing could take several hours. Only after processing is complete will you be able to meet with a lawyer.
The next step is to meet with your private attorney or public defender. You will both be brought before a judge for a process called an arraignment. An arraignment is the first step in criminal proceedings where the defendant is brought in front of the court to hear the charges and enter a plea. During the arraignment you and your lawyer will be formally notified of the charges you face. The judge will also determine if you’re qualified to be released on bail.
Do I Still Have Rights Once I’ve Been Arrested And Detained In New York?
The right to a jury trial is a fundamental right that cannot be taken away from you. Initially, however, when you are taken into custody by a law enforcement officer, you temporarily lose some of your rights at this time. You’re not permitted to leave unless the law enforcement officer releases you or the court does.
Although you’re not free to leave once you’ve been detained, the law enforcement officer who arrests you is still required to inform you of your basic rights. The most important right to remember is that you do not have to admit to committing any crime or otherwise make any kind of formal statement that implicates you may be guilty. You are entitled under these rights to speak with and consult with an attorney. Should you not be able to afford a lawyer, a public defender will be appointed to you. These rights do not change once you are arrested, formally detained, and processed.
How Can A Lawyer Help Me Once I’ve Been Arrested?
An attorney will try everything in their power to reduce your charge or have them dismissed. A smart lawyer will have a thorough understanding of state law and how it applies to your case. They will collect all evidence that’s relevant to your case, compile it together, and use it to build a strong case for your defense in light of the accusations.
In situations when having charges dismissed is not possible, and where the evidence is overwhelming, defense attorney Gianni Karmily will seek to negotiate a plea agreement on your behalf. In most plea agreement scenarios, a defendant pleads guilty to a lesser charge, and in return, the defendant serves a reduced or alternative sentence.
It’s crucial that you consult with a lawyer that has ample experience defending people in situations just like yours. Gianni Karmily is uniquely qualified to deal with a multitude of criminal accusations and has the skill, expertise, and work ethic to fight for the most favorable outcome possible.
Schedule an in-depth consultation with Gianni Karmily as soon as you find yourself arrested in New York state or in trouble with state law in any capacity.