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.

Learn what an NYPD I-card is and how it differs from a warrant.

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 you are represented on the matter and have asked for your lawyer, police generally should not question you about it without your attorney; you can and should decline to answer and direct all communication to 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. Arraignment schedules vary by borough: the Bronx, Brooklyn, and Manhattan list daily hours of 9:00 a.m. to 1:00 a.m.; Queens lists 9:00 a.m. to 11:00 p.m.; Staten Island has different weekday and weekend hours.

If the resulting allegation is a misdemeanor, the firm’s New York misdemeanor case guide explains what may happen after police contact, including DATs, arraignment, discovery, motions, and trial.

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. For a non-qualifying offense, the judge must release the defendant on recognizance unless that will not reasonably assure return to court, and must then use non-monetary conditions. Monetary bail is available only for statutory qualifying offenses, except that a defendant may voluntarily request nominal cash bail where CPL § 510.10(5) applies. Qualifying offenses include most violent felonies and specified other charges. The repeat-harm provision applies only where a new felony, class A misdemeanor involving harm to an identifiable person or property, or specified firearm-possession charge arose while the defendant was released, under conditions, or awaiting arraignment after a DAT on a separate felony, class A misdemeanor, or specified firearm-possession charge of the listed kind; the prosecutor must show reasonable cause for both charges, but the underlying charge need not itself be qualifying. Negligible theft not furthering other criminal activity does not qualify. The court must make an individualized flight-risk determination and explain its securing order. The statutory factors include the defendant’s history and activities, charge, criminal record, prior flight history, ability to post authorized bail without undue hardship, protection-order violations, firearm history, and alleged serious harm. Electronic monitoring requires separate eligibility and findings; representation by retained counsel is not a statutory securing-order factor. Official source

The Release Assessment Interview

Before arraignment, CJA staff generally interview people held for arraignment. In nearly every arraignment where CJA conducts an interview, its Release Assessment uses factors including past bench warrants, criminal convictions, pending cases, and community ties to estimate the likelihood of reappearance. CJA provides a score and release recommendation to the arraignment judge, prosecutor, and defense counsel. In some cases, charges, histories, or other factors mean CJA may not conduct an interview or make a recommendation. Official source

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.

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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.