What Happens If You Are Arrested?

A person arrested will be taken to a police precinct or another law enforcement location.

You have the constitutional right not to answer any questions by a police officer or any law enforcement official when you are detained or in custody. DO NOT ANSWER ANY QUESTIONS WITHOUT AN ATTORNEY BEING PRESENT.

You will be entitled to make a telephone call.

Call the Law Offices of Arnold N. Kriss or have a family member or friend call us. We will advise them concerning what the process will be no matter what time of day or night.

If you are arrested for a felony you will be held to be brought before a judge. If you are arrested for a misdemeanor or a violation you may receive a Desk Appearance Ticket (D.A.T.), or a summons to appear in Court in the county where you were arrested at a later date.

At the time of arrest, you will be asked by the police officer for personal information, such as, your name, address, age and other information. You will be fingerprinted and eventually interviewed by a court representative from Pre-Trial Services to determine whether bail should be set or you should be released without any bail. You may answer all these general questions without talking about why you were arrested or what you did or did not do.

In NYC, it takes between 12 to 24 hours from the beginning of the arrest process to be brought before a Criminal Court judge for arraignment. Until you see the judge you will be held in a holding facility. Upon being brought before the judge, counsel will be present to represent you. At arraignment the judge will decide to release you or if bail will be required to secure your release.  If so, your family or friends will be asked to arrange bail, either by posting it personally in cash or by a bail bond company.

In the federal arrest to arraignment process there are similarities with the NYS criminal justice system. However, a significant difference is that generally a “bail package” is discussed with the Assistant United States Attorney which is presented to Magistrate or District Court Judge at arraignment.

Whether it is a State or federal case, an attorney from The Law Offices of Arnold N. Kriss will discuss this “bail package” with the prosecutor before arraignment to seek a release at the time or arraignment or shortly thereafter. If bail is ordered and you cannot make the bail amount, you will be held while the criminal case is pending or until bail is made.