What Happens After an Arrest in New York: A Step-by-Step Timeline
Being arrested in New York can be a frightening and confusing experience, particularly for individuals who have never had contact with the criminal justice system before. From the moment of arrest through the final resolution of a case, the process follows a structured legal timeline governed by New York law, court rules, and constitutional protections. Understanding what happens at each stage can help defendants and their families make informed decisions and avoid costly mistakes.
This article provides a clear, step-by-step overview of what typically happens after an arrest in New York, from the initial police encounter through arraignment, discovery, motions, plea negotiations, trial, sentencing, and post-conviction options. If you or a family member has been charged with a misdemeanor or felony offense in Orange County or the mid-Hudson Valley, contact Dupée & Monroe, P.C., to speak with a skilled and experienced Goshen criminal defense attorney.
Arrest and Initial Police Custody
An arrest occurs when law enforcement takes a person into custody based on probable cause that a crime has been committed. After an arrest, the individual is usually transported to a police station for processing. This process may include fingerprinting, photographing, and gathering basic identifying information. Personal property is inventoried, and the arrest is formally documented.
During this phase, police may attempt to question the accused. Individuals have the right to remain silent and the right to an attorney. Anything said to law enforcement can later be used by prosecutors, so it is generally advisable to avoid answering questions without legal counsel present.
In some cases, particularly for lower-level offenses, the police may issue a Desk Appearance Ticket rather than holding the person in custody. A Desk Appearance Ticket directs the accused to return to court on a future date for arraignment.
Holding Period and Court Scheduling
If a Desk Appearance Ticket is not issued, the arrested individual may be held until arraignment. Under New York law, an arraignment must occur within a relatively short period, often within 24 hours, though weekends and holidays can affect scheduling. During this time, the accused may remain in police custody or a local holding facility.
Family members often use this window to contact an attorney, gather background information, and prepare for the first court appearance. Early legal involvement can be critical, especially when bail or release conditions will be addressed.
Arraignment
Arraignment is the defendant’s first appearance before a judge. At the arraignment, several important things happen. The judge formally advises the defendant of the charges, informs them of their rights, and ensures that legal representation is in place. The court also addresses whether the defendant will be released, held on bail, or remanded into custody.
New York’s bail laws have changed in recent years, and many misdemeanors and non-violent felonies now qualify for release without monetary bail. However, judges still consider factors such as the seriousness of the charge, criminal history, and risk of failing to return to court.
Arraignment is also when the prosecution files the initial accusatory instrument, such as a criminal complaint. An experienced defense attorney can challenge deficiencies in this document and advocate for favorable release conditions.
Discovery Phase
After the arraignment, the case enters the discovery phase. Discovery refers to the exchange of evidence between the prosecution and the defense. New York’s discovery reform laws require prosecutors to provide extensive materials early in the case, including police reports, witness statements, body camera footage, laboratory results, and other evidence they intend to use.
Discovery allows the defense to evaluate the strength of the prosecution’s case, identify inconsistencies, and begin developing legal strategies. Failure by the prosecution to comply with discovery obligations can lead to sanctions, evidence exclusion, or even dismissal of charges in some circumstances.
Pretrial Motions
Once discovery materials are reviewed, defense attorneys often file pretrial motions. Motions are formal requests asking the court to take specific actions. Common motions include motions to suppress evidence obtained through unlawful searches or interrogations, motions to dismiss defective charges, and motions seeking additional discovery.
Motion practice is a critical stage of the criminal process. Successful motions can significantly weaken the prosecution’s case, reduce charges, or eliminate key evidence. Courts typically schedule hearings to resolve disputed factual issues raised in these motions.
Plea Negotiations
Throughout the case, plea negotiations may occur. A plea bargain is an agreement in which the defendant pleads guilty, often to a reduced charge or with an agreed-upon sentence, in exchange for avoiding trial. Plea discussions can take place at various points, including shortly after arraignment, after discovery, or following motion rulings.
Whether to accept a plea offer is a significant decision that depends on many factors, including the strength of the evidence, potential penalties if convicted at trial, and the long-term consequences of a conviction. Defense counsel plays a key role in evaluating plea offers, negotiating improved terms, and advising clients on whether accepting a plea is in their best interest.
Trial
If the case does not resolve through dismissal or plea agreement, it may proceed to trial. In New York, most criminal defendants have the right to a jury trial, although some lower-level offenses may be tried before a judge.
At trial, the prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt. The prosecution presents witnesses, physical evidence, and testimony, while the defense has the opportunity to cross-examine witnesses, challenge evidence, and present its own case. The defense is not required to prove innocence.
After both sides rest, the judge or jury deliberates and delivers a verdict of guilty or not guilty.
Verdict and Post-Trial Motions
If the verdict is not guilty, the case is dismissed, and the defendant is acquitted. If the verdict is guilty, the case moves toward sentencing. In some situations, defense attorneys may file post-trial motions challenging legal errors that occurred during trial.
These motions can seek to set aside the verdict or request a new trial, depending on the circumstances.
Sentencing
Sentencing is the phase where the court imposes penalties following a conviction. Sentences vary widely depending on whether the offense is a violation, misdemeanor, or felony. Possible penalties include incarceration, probation, fines, community service, treatment programs, or a combination of these.
Judges consider statutory sentencing ranges, the defendant’s criminal history, the nature of the offense, and mitigating or aggravating factors. Defense attorneys often submit sentencing memoranda or advocate in court for leniency, alternatives to incarceration, or reduced penalties.
Post-Conviction Options
Even after sentencing, legal options may remain. Depending on the case, post-conviction options can include appeals, motions to vacate a conviction, sentence modification requests, or applications for record sealing.
Appeals focus on legal errors made during the trial or pretrial process, not on re-arguing factual disputes. Other post-conviction remedies may be available if new evidence emerges or constitutional violations are discovered.
Early Legal Representation Matters – Contact Dupée & Monroe in
Goshen Today
At every stage of the criminal process, decisions made early can have long-lasting consequences. From bail determinations at arraignment to discovery compliance and motion practice, early involvement by an experienced criminal defense attorney can shape the outcome of the case.
At Dupée & Monroe, P.C., we guide clients through each step of the New York criminal process, ensuring they understand what is happening and what options are available. Whether you are facing a misdemeanor or felony charge in Orange County or the Hudson Valley, timely legal advice can make a meaningful difference in protecting your rights and your future.
If you or a loved one has been arrested, speaking with an attorney as soon as possible is one of the most important steps you can take. Contact Dupée & Monroe, P.C., for practical advice and immediate representation.
