A Detective Called and Wants to Talk. What Should You Do?

If a police detective has called you and asked you to come in to answer some questions, or if you have been contacted about a criminal matter, this page will explain what is likely happening, what your rights are, and what you should do next.

What Does It Mean When a Detective Calls You?

In most cases, when a detective contacts you and asks you to come in to talk, it means one of two things: either the police have already decided to arrest you and want you to surrender voluntarily, or they are still investigating and are hoping you will say something that helps them build their case. Detectives are trained not to tell you over the phone that they intend to arrest you. They will typically say they just want to ask you a few questions, clear something up, or get your side of the story. Do not be misled by this. A friendly tone does not mean you are not a suspect. It often means you are exactly that. Before you call the detective back, go to the precinct, or say anything to anyone, contact a criminal defense attorney.

Your Rights When Police Want to Question You

You have the right to remain silent. You have the right to an attorney. These rights exist before your arrest, not just after. You are never required to go to a police station voluntarily to answer questions, and you are never required to explain yourself to a detective without a lawyer present. The only information police are entitled to after an arrest is basic pedigree information — your name, address, date of birth, and social security number. This information is used for booking purposes only. You are not required to answer any other questions. Anything you say to a detective — even something that seems harmless — can and will be used against you in court. Out of a one-hour conversation, a detective may record only the parts that help the prosecution, while omitting the parts where you denied wrongdoing. A partial account of what you said, taken out of context, can be powerful evidence against you. This is not speculation — it is how criminal investigations work. By contrast, whatever your attorney tells law enforcement on your behalf is not evidence and cannot be used against you in court. There is a significant legal difference between you explaining what happened and your attorney explaining what happened.

What Can an Attorney Do Before You Are Arrested?

Getting an attorney involved early — before you speak to police or surrender — can make a real difference. An experienced criminal defense attorney can:

Contact the detective to find out whether an arrest decision has already been made. If it has not, the attorney can present additional information on your behalf and, in some cases, persuade the detective not to arrest you or to investigate further before making a decision.  If an arrest is likely, the attorney can negotiate the terms of your surrender — selecting a date and time that is convenient for you, giving you time to make arrangements at work and at home, and minimizing the amount of time you spend in custody. In some cases, an attorney can persuade a detective to issue a Desk Appearance Ticket rather than sending you to central booking. This means you are processed, fingerprinted, and released the same day with a future court date — rather than spending 20 to 24 hours in custody waiting for arraignment. Once your attorney has formally appeared on your behalf, law enforcement is prohibited from questioning you directly. All communication goes through your attorney.

Do You Have to Open the Door for Police?

In New York, police can arrest a person in a public place without a warrant if they have probable cause — a reasonable belief that you have committed a crime. However, in order to enter your home to make an arrest, police generally need an arrest warrant signed by a judge. An arrest warrant authorizes police to enter the home of the person named in the warrant. To enter a third party’s home — for example, to arrest you at someone else’s residence — police would generally also need a search warrant.  Warrantless home entry is prohibited as a general rule, but there are recognized exceptions. In genuine emergency situations — such as hot pursuit of a fleeing suspect, an imminent threat to someone’s safety, or the risk of immediate destruction of evidence — police may enter without a warrant. These situations are the exception, not the rule, and courts evaluate them carefully case by case. In a routine arrest situation, the warrant requirement applies.  If police are at your door and do not have a warrant, you have the right not to open the door, not to allow them inside, and not to step outside. You can ask through the door whether they have a warrant. If they do not, you are not required to let them in.  If police do not have a warrant and you do not open the door, they are permitted to wait outside for you to leave on your own. Once you step outside into a public space, they can make an arrest without a warrant. Knowing this, do not come and go from your home if you believe police are outside and you have not yet spoken with an attorney.

If a Friend or Relative Has Been Arrested: What Happens Next?

When someone close to you is arrested, it is frightening and confusing. Police will not always explain the process clearly. Here is what typically happens.  After an arrest, the person is taken to a local police precinct where they are fingerprinted, photographed, and processed. Police will check for any outstanding warrants or holds. Depending on the charge, the person may be released the same day with a Desk Appearance Ticket, or they may be sent to central booking.  For lower-level offenses — such as misdemeanor petit larceny, drug possession, trespass, possession of stolen property, driving with a suspended license, or hit and run — police  sometimes have discretion to issue a DAT and release the person after processing. For most DWI arrests, domestic violence misdemeanors, and felonies, police do not have that discretion and will send the person to central booking.  If the person is sent to central booking, the arraignment — their first appearance before a judge — typically takes place within 20 to 24 hours of the time the arrest was entered into the court’s computer system. In New York City, arraignments are conducted seven days a week, including holidays, from approximately 9:30 a.m. to 1:00 a.m. the following morning.

What Happens at Arraignment?

Arraignment is the first court appearance following an arrest. At arraignment, the charges are formally read, the defendant enters a plea, and the judge makes a decision about release. Under New York’s current bail laws, cash bail is not permitted for most misdemeanors and many non-violent felonies. For these charges, the judge must release the defendant on their own recognizance — meaning they are released without any financial conditions — or impose non-monetary release conditions such as supervised release, regular check-ins, or electronic monitoring. Bail can still be set for qualifying offenses, which generally include violent felonies and certain other serious charges, as well as situations where the defendant has been rearrested while already released on a separate felony or Class A misdemeanor involving harm to a person or property.  When bail is a possibility, the judge will hear arguments from both the prosecutor and the defense attorney. The prosecutor may request bail based on the seriousness of the charges, the defendant’s prior criminal history, and any prior failures to appear in court. The defense attorney will argue for release on recognizance or, if bail is set, for the lowest possible amount.  The factors a judge considers are set out in CPL § 510.30 and include the severity of the charges, the defendant’s ties to the community — employment, family, length of residency — their prior criminal record, and any outstanding warrants. Having a private defense attorney present at arraignment is itself a factor courts consider. It signals stability and commitment to the case and can influence the release decision.

The Release Assessment Interview

Before arraignment, a representative from the New York City Criminal Justice Agency (CJA) will typically interview the defendant in central booking. CJA is an independent agency that provides a scored release assessment to the court in nearly every case involving a person held for arraignment. The assessment estimates the likelihood that the defendant will return to court if released, based on factors such as community ties, prior criminal history, and recent court involvement.  The release assessment score goes to the judge and influences the release recommendation. It is important to give the CJA representative accurate information about your address, family situation, and employment. This information goes directly to the judge and shapes the recommendation presented at arraignment. Providing incorrect or incomplete information does not help your situation — it can undermine your credibility at the most critical moment of your case.  In some cases CJA may not conduct an interview or may not make a recommendation — for example, if the person declines the interview, if criminal history information is incomplete, or if the charge involves certain serious offenses such as murder or bail jumping. In those situations a partial report may still be provided to the court for informational purposes.

A Note on Requesting an Interpreter or Medical Attention

If you genuinely need an interpreter, request one. You are entitled to one. However, if you speak enough English to understand what is being asked of you, requesting an interpreter solely to delay the process will most likely extend the time you spend in custody — sometimes until the following morning if an interpreter is not immediately available. The goal is to get in front of a judge as quickly as possible. Similarly, if you have a genuine medical need, request attention. However, pretending to be sick or exaggerating an injury will not prevent your arrest or help your case. A police officer will accompany you to the hospital, and once you are medically cleared, you will be returned to central booking to continue through the normal process. It only delays things.

Frequently Asked Questions

Should I call the detective back and explain my side of the story?

No. Speaking to a detective without an attorney present is almost always a mistake, even if you are innocent and have nothing to hide. Let your attorney make that call. What your attorney says cannot be used as evidence against you. What you say can.

What if I go to the precinct voluntarily and they arrest me — does cooperating help?

Cooperating with a legitimate arrest — meaning not resisting, providing your name and address, and behaving calmly — can influence whether police issue a DAT rather than sending you to central booking. However, cooperating does not mean answering questions about the case. Those are two entirely separate things.

How long will my relative be in custody before seeing a judge?

In New York City, expect approximately 20 to 24 hours from the time of arrest to arraignment. This can be shorter or longer depending on the volume of cases and the time of arrest. Having a private attorney who can appear at arraignment is the most effective way to ensure the process moves as efficiently as possible and that the strongest possible argument is made for release.

Can police really enter my home without a warrant?

As a general rule, no. Police need an arrest warrant to enter your home to make an arrest, or a search warrant to enter a third party’s home. If they have neither, you are not required to open the door or let them in. There are narrow exceptions for genuine emergencies — such as hot pursuit or an imminent threat to safety — but these are the exception, not the routine. If police are at your door, you may ask through the closed door whether they have a warrant before making any decision about opening it.

Contact Sharifov & Associates, PLLC

If you have been contacted by a detective or law enforcement, or if someone you know has been arrested in New York City or Nassau County, contact us before you say anything to police. We are available 24 hours a day, seven days a week.

718-368-2800 (NYC / Brooklyn) 516-505-2300 (Long Island / Nassau County) 1-888-LAW-2407

Former New York Prosecutor. Rated by Super Lawyers. 23+ years of experience.

Attorney Advertising. This article is for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship. The outcome of any case depends on the specific facts and circumstances involved.

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