What Happens After You Are Arrested in New York?

Being arrested is frightening — and the hours and days that follow can feel chaotic and confusing. Whether you are facing a DWI, an assault charge, drug possession, or another offense, understanding what comes next helps you protect your rights and make smart decisions. Below, the New York criminal defense attorneys at Sharifov & Associates, PLLC, walk you through what actually happens after an arrest in New York City, step by step.

Step 1: Arrest, Booking, and Processing

After you are taken into custody, police “book” you: they record your information, take fingerprints and photographs, and document the alleged offense. Depending on the charge, you may be issued a Desk Appearance Ticket (DAT) — which lets you leave and return to court on a later date — or you may be held to see a judge. This early stage matters more than most people realize. Anything you say can be used against you, so it is wise to politely decline to answer questions and ask to speak with a lawyer.

Step 2: Arraignment — Your First Appearance Before a Judge

In New York City, if you are held after arrest, you are generally brought before a judge for an arraignment within 24 hours. The arraignment is where the case officially begins, and several important things happen:

• You are formally told what you are charged with, and you (or your attorney) receive a copy of the accusatory instrument — the paperwork listing the charges.
• The judge addresses your release status (see bail, below).
• In some cases, the judge may issue an order of protection in favor of a complaining witness.
• For certain lower-level matters, the case can sometimes be resolved on the spot.

An arraignment can be the end of a case or just the beginning — which is exactly why having a defense attorney present at this stage is so valuable. If you are charged with a misdemeanor, the prosecutor (an Assistant District Attorney) may offer a plea to a reduced charge with a recommended sentence. If you accept and the judge approves, the case may be resolved at arraignment — something that most often happens with a low-level first offense. In other situations, the judge may dismiss the case outright. A knowledgeable New York criminal defense attorney can advise whether resolving your case at arraignment is truly in your best interest, or whether you are better served by fighting the charges.

Step 3: Bail and Release — How New York’s Bail Reform Affects You

This is one of the most misunderstood parts of the process, because New York’s bail laws changed dramatically with the reforms that took effect in January 2020 (and were amended in 2022 and 2023).

Release is now the default for most charges. For the majority of misdemeanors and non-violent felonies, a judge is required to release you — either on your own recognizance (ROR), meaning on your promise to return, or under non-monetary conditions such as supervised release, regular check-ins, or electronic monitoring. For these charges, the judge generally cannot set cash bail at all.

Cash bail and remand are limited to “qualifying offenses.” Money bail (or jail while the case is pending) is only available for a specific category of more serious charges — primarily, most violent felonies and certain other offenses defined by statute. Even then, the judge must make an individualized determination and impose the least restrictive condition necessary to make sure you come back to court.

In New York, bail is about return to court — not “dangerousness.” Unlike federal courts and most other states, New York judges generally may not set bail based on how dangerous they believe a defendant is. The legal question is whether conditions are needed to reasonably ensure you appear at future court dates.

There are important exceptions. The law includes carve-outs — for example, for certain repeat offenses, individuals classified as persistent felony offenders, and alleged crimes committed while already released on another case. Because these rules are detailed and fact-specific, an experienced arraignment attorney who knows the statute, your record, and local practice can make a powerful difference in your release.

Step 4: What Happens After Arraignment

If your case is not resolved at arraignment, it moves into the pretrial phase, which can include:

• Discovery — under New York’s discovery rules, the prosecution must turn over its evidence (police reports, body-camera footage, witness information, and more) within set deadlines.
• Pretrial motions — your attorney can move to suppress illegally obtained evidence, challenge the legality of a stop or search, or seek dismissal.
• Hearings — the court may hold hearings on those motions before any trial.
• Plea negotiations — discussions between your attorney and the prosecutor about a possible resolution.

Each of these stages is an opportunity for a skilled defense lawyer to weaken the case against you.

Will My Case Go to Trial?

The vast majority of criminal cases never reach trial — most are resolved through a plea bargain. Sometimes a plea is genuinely the best outcome, particularly where the evidence is unfavorable or where a deal results in a fine with no jail, no probation, or even no criminal conviction. It is not always in a defendant’s interest to let a jury decide their fate.

That said, the decision to go to trial is yours, and a strong trial option is also what gives your attorney leverage in negotiations. If you do choose to try your case, an experienced New York criminal trial attorney will fight to ensure you receive a fair trial and advocate forcefully on your behalf from opening statement to verdict.

Frequently Asked Questions

How soon do you see a judge after an arrest in New York? If you are held after an arrest in New York City, you are generally arraigned before a judge within 24 hours. Some people instead receive a Desk Appearance Ticket and return to court on a scheduled date.

Can I get bail in New York? For most misdemeanors and non-violent felonies, judges are required to release you on your own recognizance or under non-monetary conditions, and cannot set cash bail. Cash bail is only available for certain “qualifying offenses,” and only after an individualized determination.

Will my criminal case go to trial? Most cases are resolved by plea bargain rather than trial. Whether to accept a plea or take your case to trial is your decision, made with the advice of your attorney based on the evidence and your goals.

Do I have to answer police questions after I’m arrested? No. You have the right to remain silent and the right to an attorney. It is generally wise to decline to answer questions and contact a criminal defense lawyer before speaking with the police.

Contact a New York Criminal Defense Attorney

If you have been arrested in New York, your rights — and your future — are on the line. From the moment of arrest through arraignment, pretrial hearings, and trial, the right legal representation can shape the outcome of your case. The criminal defense attorneys at Sharifov & Associates, PLLC are ready to stand by you at every step.

Contact Sharifov & Associates, PLLC, today for a confidential consultation.

Attorney Advertising. This article is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. Laws change, and every case is different; for advice about your specific situation, consult a licensed New York attorney. Prior results do not guarantee a similar outcome.