New York Arrest Process/Bail
In New York, the period between arrest and arraignment is customarily known as the arrest process. For people arrested for the first time, this 12 to 24 hour period can be some of the tensest and most anxiety ridden moments of their lives and it is not uncommon for clients of top New York criminal defense lawyers to regret the decisions they have made without reflection at the precinct. Whether those decisions involve a signed written statement of the incident or belligerence towards police officers, what happens during the processing of arrest can and likely will affect your later trial. Most harmful decisions here, as in life, are born from ignorance. That is why it is so important, if you or your loved one has been recently arrested by the police, to seek legal help as soon as possible. Securing the help of a top New York criminal attorney at the precinct, where “police are permitted to lie or use some deceptive methods” to obtain a confession, People v. Berumen, 46 A.D.3d 1019, 1020 (3d Dep’t. 2007), may spell the difference between a long day and a life-altering one.
The decision whether to give a statement at the precinct or at the courthouse should always be an informed one and no statement – whether written or oral – should ever be made without first contacting one of the best New York criminal attorneys with experience protecting clients from jailhouse interrogations by police. Although just one of many important decisions that are made throughout the arrest processes, the decision to make a written confession is often considered the most significant. And for good reason. A written statement of confession often provides the prosecution with their most persuasive piece of evidence of guilt in your case. In fact, a written confession made at the precinct could be the difference between a conviction and an acquittal at trial.
The powerfully persuasive effect of a written confession, whether voluntarily made or not, is precisely the reason why the Right Against Self-Incrimination was incorporated within the Federal Constitution. Pleading the Fifth Amendment, otherwise referred to by Miranda Warnings as the Right to Remain Silent, is both the most meaningful constitutional protection and the most vulnerable one throughout the New York arrest process. Its inadvertent waiver at the precinct or during pre-arraignment detention often renders corollary rights – like the right to a fair and impartial jury trial and the presumption of innocence – hollow.
Knowing when to exercise your constitutional rights when speaking with law enforcement throughout the New York arrest process may prove critical to preserving potential defenses to any state charges later filed at arraignment. Understanding how the arrest process works in New York, specifically the five boroughs of New York City, may provide a measure of understanding of how decisions you make at the precinct often impact your prospects for success at trial.
The following articles may provide some insight on what to expect after a New York City arrest.
- New York City Arrest Process: Written Confessions & Exercising the 5th Amendment at the Precinct
- New York City Arrest Process: Pre-Arraignment Detention, How to Prepare for Your NYC Bail Hearing
- Arraignment & (Hopeful) Release
Call us today at the Law Offices of Jeffrey Lichtman at (212) 581-1001 to schedule a free consultation. We can begin the discussion on how best to proceed in light of yours or your loved one’s recent New York arrest on criminal charges.