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.

For a step-by-step explanation of what may follow a New York misdemeanor accusation, review the firm’s misdemeanor defense and court-process guide.

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).

For a charge that is not a statutory qualifying offense, the court must release the person on recognizance unless it finds on the record or in writing that recognizance will not reasonably assure return to court; it must then use non-monetary conditions. Bail generally may not be set for a non-qualifying offense. Electronic monitoring is available only for eligible defendants after the statutory findings and procedures are met. Official source

Monetary bail is available only for statutory qualifying offenses and may be set in authorized forms, including cash, an insurance-company bond, and secured, partially secured, or unsecured surety or appearance bonds. A defendant may also voluntarily request nominal cash bail where CPL § 510.10(5) applies. A court may remand only when the qualifying offense is a felony. The court must make an individualized determination about risk of flight, consider the degree of restriction necessary to assure return to court, and explain its securing-order decision on the record or in writing. Official source

In New York, the securing-order statute requires an individualized determination whether the person poses a risk of flight to avoid prosecution and the degree of restriction necessary to reasonably assure return to court. The statute does not authorize bail or remand merely on a generalized finding of dangerousness, although the court must consider the charges, firearm history, and alleged serious harm, and non-monetary conditions may address compliance with court conditions and specified victim-safety concerns. Federal law, by contrast, expressly considers both appearance and the safety of another person and the community. Official source

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 Article 245 rules, the prosecution must disclose specified discoverable material, including covered police reports, recordings, witness information, and other listed items, as soon as practicable and within applicable statutory deadlines. Official source
• 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.

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.