New York Criminal Defense FAQs
When you or a family member is facing criminal charges, the stress, confusion, and uncertainty can be overwhelming. The criminal justice system involves many moving parts, and the accused often feels intimidated and powerless. At Dupée & Monroe, P.C., we believe that informed clients are empowered clients, which is why we’ve compiled this list of the most common questions people ask when facing criminal charges in New York.
Whether you’re dealing with a Desk Appearance Ticket, a misdemeanor, or a serious felony charge, the answers below will help you understand what comes next and why skilled legal representation is essential. For personalized advice and representation in Orange County or the mid-Hudson Valley, contact Dupée & Monroe, P.C., to speak with a skilled and experienced Goshen criminal defense attorney.
What happens after someone is arrested?
After an arrest, the police will typically transport the person to the local station for processing, which includes fingerprinting, photographing, and checking for outstanding warrants. Depending on the type of offense, the individual may be held for arraignment in front of a judge or may receive a Desk Appearance Ticket directing them to come back to court on a future date.
Arraignment is the defendant’s first appearance in court. This is where the judge informs the person of the charges, addresses bail, and determines whether the defendant will be released, held on bail, or remanded to custody. Arraignment can occur anywhere from 24 to 72 hours after arrest. Having an attorney at arraignment can make a profound difference in whether someone remains free while their case proceeds.
What is the difference between a felony and a misdemeanor?
Misdemeanors are criminal offenses that are less serious than felonies but still carry significant penalties, including fines, probation, and up to one year in jail. They also create a criminal record, which can affect employment, housing, and immigration status.
Felonies are the most serious offenses and carry the potential for state prison sentences, lengthy probation, and severe collateral consequences that can last a lifetime. Felonies also appear on background checks and may impact professional licensing, civil rights, and financial opportunities.
Every criminal charge must be taken seriously. Even a misdemeanor conviction can follow someone for years.
Do I need a lawyer for a misdemeanor?
Yes. Many people mistakenly believe misdemeanors are “minor” charges. In reality, a misdemeanor conviction can lead to jail time, probation, mandatory programs, driver’s license consequences (in DWI-related cases), immigration complications, and a permanent criminal record.
Prosecutors are experienced in securing convictions. A defense lawyer levels the playing field by analyzing the evidence, challenging improper police conduct, negotiating favorable plea outcomes, and preparing the case for trial if necessary.
Even when charges seem minor, speaking to an attorney before appearing in court is always the safest approach.
What should I do if the police want to question me?
You have the absolute right to remain silent. You also have the right to speak to an attorney before answering any questions. When the police want to question you, whether you’re a suspect or merely a “person of interest,” you should politely decline and say:
“I want to speak with a lawyer.”
People often talk themselves into trouble by attempting to “clear things up.” Once you start talking, the police can use anything you say against you later. Exercising your constitutional rights is not an admission of guilt; it is a smart protective measure.
What is bail, and how does it work in New York?
Bail is an amount of money set by a judge to ensure the defendant returns to court and releases them from detention while their case is pending. New York’s bail laws have undergone significant changes in recent years, especially for misdemeanors and non-violent felonies, many of which result in release without monetary bail.
Judges consider several factors when deciding bail, including the seriousness of the charges, the defendant’s ties to the community, prior criminal history, and flight risk. Proper representation at arraignment can reduce bail or result in release under supervision rather than financial conditions.
An attorney can also file motions to modify bail if the initial amount is unreasonably high.
What is a Desk Appearance Ticket, and is it serious?
A Desk Appearance Ticket (DAT) is a written notice to appear in court for arraignment rather than being held in custody. People often assume that because they were not taken to jail, the charge must be minor. This is not the case. DATs may involve misdemeanors or even lower-level felonies, and the consequences following arraignment can still be severe.
If you received a DAT, you should contact a lawyer immediately. Your attorney can gather evidence, prepare defenses, and begin discussions with the prosecution before you ever set foot in the courtroom.
What are my rights during a police stop or search?
Under the U.S. and New York Constitutions, you have several important rights during stops and searches. You have the right to refuse consent to a search of your person, car, or home, unless police have a warrant or another legally recognized basis. In other words, if the police ask for your permission to search, you are within your rights to say no.
If the police stop you on the street, you have the right to remain silent beyond identifying yourself. You do not have to say why you are there, where you are going, what you are doing, or make any statements that might incriminate you. During a stop, the police have a limited right to pat down your outer clothing for weapons if they have reasonable suspicion based on articulable facts that you are armed and dangerous. You are free to leave unless taken “into custody.”
If the police violated your rights, such as by stopping you without reasonable suspicion or searching your car without lawful justification, your attorney can file motions to suppress evidence, which can dramatically weaken or even dismiss the case.
What should I expect at my arraignment?
Arraignment is your first court appearance. During this hearing, the judge will:
- Inform you of the charges
- Address bail or release conditions
- Set future court dates
- Ensure you have legal representation
Your attorney can argue for your release, challenge improper charges, and begin safeguarding your rights. Many strategic decisions happen at the arraignment, so having counsel present is important.
What is a plea bargain, and should I accept one?
A plea bargain is an agreement between the prosecution and the defense in which the defendant agrees to plead guilty, usually to a lesser charge or with reduced penalties, in exchange for avoiding trial.
Whether you should accept a plea depends on many factors: the strength of the evidence, potential penalties if convicted at trial, and the collateral consequences of the plea. A skilled defense attorney can evaluate the offer, negotiate better terms, and advise you on whether accepting a plea is in your best interest or whether fighting the case makes more sense.
What happens if I refuse a breath test during a DWI stop?
Refusing a chemical breath test in New York triggers serious, immediate consequences through the Department of Motor Vehicles, including an administrative hearing, potential driver’s license suspension, and mandatory civil penalties. Prosecutors can also use your refusal against you at trial. The criminal case and DMV case run separately but can affect one another. Anyone facing DWI-related allegations should seek counsel quickly.
Can I get a criminal record sealed or expunged in New York?
New York does not offer traditional expungement for most crimes, but the state does allow the sealing of certain convictions if you meet eligibility requirements, including waiting periods and limitations on the number of convictions. Additionally, many non-criminal offenses (like violations) can be sealed automatically.
A criminal defense lawyer can review your record and determine whether sealing is possible and how to pursue it.
How is a juvenile case different?
Juvenile delinquency cases follow a different court process focused more on rehabilitation than punishment. Juvenile records may be sealed, and the terminology used in these cases differs from the adult criminal system. Because the consequences can still be life-altering, affecting schooling, family court proceedings, and future opportunities, legal representation for juveniles is essential. Some juveniles may also be tried as adults in certain circumstances, and a skilled defense attorney can be instrumental in keeping a case in juvenile court where possible.
When should I hire a criminal defense attorney?
You should contact an attorney as early as possible. Ideally, you should consult counsel the moment you know you are under investigation, before speaking to the police, and certainly after an arrest or receipt of a Desk Appearance Ticket. Early intervention often leads to reduced charges, favorable plea negotiations, or even pre-arraignment dismissals.
Contact Dupée & Monroe, P.C. for Experienced Criminal Defense Representation in Orange County and the Hudson Valley
The criminal justice system in New York is complex, and tackling it alone can expose you to serious risks. At Dupée & Monroe, P.C., we represent individuals facing misdemeanors, felonies, and investigative inquiries throughout Orange County and the Hudson Valley. If you have been charged or fear you might be, contact us at our Goshen law office to discuss your case, protect your rights, and begin building a strategic defense.
