What to Do If You''re Arrested in New York: A Step-by-Step Guide

Being arrested is one of the most frightening experiences a person can go through. Your heart is racing, you're confused, and you may not know what comes next. In those first critical moments, the decisions you make — or fail to make — can have a lasting impact on your case. This guide walks you through exactly what to do if you're arrested in New York, step by step. Whether you're facing a misdemeanor or a serious felony charge, these principles apply. ## Step 1: Stay Calm and Do Not Resist This sounds simple, but it's the most important thing you can do. Resisting arrest — even if you believe the arrest is unlawful — can result in additional charges and make your situation significantly worse. Keep your hands visible. Follow instructions. Do not argue, run, or make sudden movements. Your opportunity to challenge the legality of the arrest comes later, in court — not on the street. Staying calm also helps you think clearly, which matters a great deal in the minutes and hours that follow. ## Step 2: Exercise Your Right to Remain Silent You have the right to remain silent under the Fifth Amendment. Use it. This is not about being uncooperative. It's about protecting yourself. Anything you say to law enforcement — even something that seems harmless or helpful — can be used against you in court. Prosecutors are skilled at taking statements out of context, and even well-intentioned explanations can create problems. When officers ask you questions, you can say clearly and calmly: **"I am invoking my right to remain silent. I would like to speak with an attorney."** You do not need to explain yourself. You do not need to answer questions about where you were, what you were doing, or who you were with. Politely decline and wait for your attorney. ### What You Do Have to Provide In New York, you are required to provide your name and basic identifying information when lawfully stopped or arrested. You are not required to answer substantive questions about the alleged offense. ## Step 3: Do Not Consent to Searches If officers ask for permission to search your car, your home, or your belongings, you have the right to refuse. Say clearly: **"I do not consent to a search."** Officers may search anyway if they have a warrant or believe they have legal grounds to do so without one. But by refusing, you preserve your right to challenge the search later. If you consent, that right is largely waived. This applies even if you have nothing to hide. Consenting to a search gives up a constitutional protection that could matter significantly in your case. ## Step 4: Ask for an Attorney Immediately The moment you are arrested, ask for an attorney. Do not wait. Do not answer questions first and ask later. Say it clearly: **"I want an attorney."** Once you invoke your right to counsel, police are required to stop questioning you until an attorney is present. If they continue questioning you after you've asked for a lawyer, anything you say may be suppressed — but only if you actually asked. If you cannot afford an attorney, one will be appointed for you. But if you have the ability to retain private counsel, doing so as early as possible gives your attorney the best opportunity to protect your rights from the start. ## Step 5: Do Not Make Phone Calls You Wouldn't Want Recorded If you're allowed to make a phone call from custody, be careful what you say. Calls from jail are typically recorded and can be used as evidence. Do not discuss the facts of your case, where you were, or anything related to the charges. Use your call to contact a family member or an attorney — and keep the conversation brief and general. ## Step 6: Remember the Details As soon as you are able, write down or mentally note everything you can remember about the arrest: - What time it occurred - Where it happened - What the officers said and did - Whether you were read your Miranda rights, and when - The names or badge numbers of any officers, if you were able to see them - Any witnesses who were present This information can be valuable to your attorney when building your defense. ## Step 7: Contact a Criminal Defense Attorney as Soon as Possible This is the most important step of all. The sooner you have an experienced criminal defense attorney on your side, the better your options. An attorney can: - Advise you on what to say (and what not to say) during any further questioning - Appear at your arraignment and argue for reasonable bail - Begin investigating the facts of your case immediately - Challenge the legality of the stop, search, or arrest - Negotiate with prosecutors before charges are formally filed, in some cases **The first 24 to 48 hours after an arrest are often the most critical.** Evidence can be lost, witnesses can become harder to locate, and opportunities to challenge the prosecution's case can close. Don't wait. ## What Happens After the Arrest? Here's a brief overview of what to expect in the New York criminal process: **Arraignment:** This is your first court appearance, typically within 24 hours of arrest. You will be formally informed of the charges against you and asked to enter a plea. Bail may be set at this hearing. **Grand Jury or Preliminary Hearing:** For felony charges, the prosecution must present evidence to a grand jury or at a preliminary hearing to establish probable cause to proceed. **Discovery:** Your attorney will receive the prosecution's evidence and begin building your defense. **Plea Negotiations:** Many cases are resolved through negotiated pleas. An experienced attorney can often negotiate for reduced charges or a more favorable outcome. **Trial:** If no acceptable plea is reached, the case proceeds to trial, where the prosecution must prove guilt beyond a reasonable doubt. ## Common Mistakes to Avoid After an Arrest Even well-meaning people make mistakes after an arrest that hurt their cases. Here are the most common ones: - **Talking to police without an attorney present.** Even if you're innocent, this rarely helps and often hurts. - **Posting about the situation on social media.** Anything you post can be used against you. - **Contacting the alleged victim or witnesses.** This can result in additional charges and makes your situation worse. - **Missing court dates.** Failure to appear results in a warrant for your arrest and forfeiture of any bail. - **Waiting too long to hire an attorney.** The earlier your attorney is involved, the more they can do. ## You Have Rights — Use Them The criminal justice system can feel overwhelming, especially if you've never been through it before. But you have constitutional rights that exist precisely to protect you in moments like this. Knowing those rights — and exercising them calmly and clearly — is the first step toward the best possible outcome. If you or someone you know has been arrested on Long Island, [request a free consultation with our criminal defense team](/lp/criminal-defense-consult?utm_source=blog-aab&utm_medium=blog&utm_campaign=cmp_XLblKBPQuCeLDbPD2Gd4z6HetczCKIzlIAR7DX9BM0w&utm_content=act_1kwKCFqZIXh90pT6EyaKvBo01zhKfGB_UlE4Vz21PTY&utm_term=topic_arrested-new-york). Our attorneys include former public defenders who have handled nearly 2,000 criminal cases. We know how the prosecution thinks — and we use that knowledge to fight for our clients.