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What is the arrest procedure in New York?

by Miles Austine
April 12, 2022
in Tips and Tricks

When you are arrested in one of the states of Europe like Brooklyn, Manhattan, Staten Island, Queens and charged with a violation misdemeanor or felony, the state police officers will bring you to a specific precinct where they will take the statement. It is advisable to be polite but not answer the questions regarding the charges they have put on you. 

Even if the police do not provide you with the opportunity to make a phone call to the lawyer, inform them that you want to get in touch with your liar and don’t want to reply to their questions. It is quite possible that they will try to convince or intimidate you, but once you ensure that you want to speak to your lawyer, they should stop questioning you.

Table of Contents

  • Share your personal details 
  • Will you get the bail?
  • What increases the custody time?

Share your personal details 

You can be asked about your personal information or “pedigree” while in custody. There is no problem in answering the questions, but you need to be aware because soon after that they will ask you questions related to the crime. You can give them details about your date of birth, address, and name. 

But don’t share the wrong details regarding this basic personal information because it will only delay the entire process of seeing the judge at the arraignment where you can meet your lawyer finally. Give the correct pedigree information and after that, you will be taken to the Central Booking where other precincts will have already brought their offenders or prisoners. Finally, you will be taken to the arraignment court. There you will see several individuals like you who are waiting to meet the judge.

Will you get the bail?

Want to know more about the arrest process in NY? During your duration in custody, you will get to meet with someone from the CJA or Criminal Justice Agency at a certain point who will recommend to the court whether you should get bail for your case or not. This determination can be defined as an assessment of your risk of running away or fleeing after you get released. 

Although the Criminal Justice Agency’s determination is not controlling on the decision of the court, anything that can prove your tie-up with the community and ensure that there is no risk of fleeing increases your chances of getting bail. If you have any tie-up with the community, share with these people to show how long you have been residing at the address you have provided. You can also provide other related information like if you are a New York resident if your family is staying in New York etc.

What increases the custody time?

Unfortunately, the sale or ‘Tombs’ is not a fun or clean place to be in. And it can become more unfortunate if you have to stay in the custody for more than 24 hours because it depends on the number of people waiting in the system. Sometimes, it takes a long time to assign an attorney by the court, therefore increasing your custody time. 

Besides, after arraignment, you will get to know if you have been charged with a violation, misdemeanor, or felony. In case you are charged with a felony, the decisions will be related to the Grand Jury. In this case, you need to contact a professional criminal defense lawyer to help you and your family pass through the process.

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