Getting arrested is one of the most frightening experiences a person can go through. Everything moves fast — the cuffs, the car, the holding cell — and the decisions you make in the first few hours will shape everything that follows.
This guide explains exactly what to do if you or someone you love is arrested in New York City. Read it now, before you need it, and share it with people who might.
Rule 1: Do Not Speak to the Police. Full Stop.
This is the most important thing on this page. I will say it twice: do not speak to the police.
Not to explain what happened. Not to tell your side of the story. Not to be cooperative. Not to clarify a misunderstanding. Do not speak.
The Fifth Amendment to the United States Constitution gives you the absolute right to remain silent. The moment you are taken into custody, that right is yours. The only sentence you need to say is this:
"I am invoking my right to remain silent. I want an attorney."
Say it. Then stop talking. Everything else you say — even things that seem harmless, even things that seem helpful — will be written in the police report, and it will be used against you. Police are trained to ask questions in ways that seem casual and conversational. The conversation is not casual. It is part of building a case against you.
Your attorney will talk to the police. That is what attorneys are for.
Rule 2: Do Not Consent to Any Search
If a police officer asks to search your car, your bag, your phone, your home, or your person, say clearly: "I do not consent to this search."
This does not prevent them from searching if they have a warrant or legal probable cause. But it preserves your ability to challenge the search in court. A consensual search cannot be challenged. A non-consensual search that lacked probable cause can — and potentially everything found in it gets thrown out.
Say it calmly. Say it on camera if possible. Then stop talking.
Rule 3: Pay Attention to Everything
You are going to be processed, questioned, moved around, and held. During all of that, make mental notes of everything you can:
The name or badge number of every officer who interacts with you
What time things happen
What they say to you, even casual comments
Any injuries you receive, from the moment of arrest forward
The moment you are released, write it all down or record a voice memo. The details you remember in the first hour are far clearer than what you will recall a week later.
Rule 4: Document Every Injury Immediately
If the police used any physical force — even force that seemed routine — photograph every mark on your body the moment you are released. Go to an urgent care or emergency room if there is any injury at all, no matter how minor it seems. Get it documented in a medical record.
This matters for two reasons. First, it may be relevant to your criminal defense — evidence of excessive force can affect the charges. Second, if the arrest was unlawful or the force was excessive, you may have a civil rights claim against the officer and the City of New York. Photographs and medical records are the foundation of that case. Once the bruises fade, that evidence is gone.
Rule 5: Call an Attorney as Early as Possible
You have the right to speak with an attorney before being questioned. If you are taken into custody, exercise that right immediately. An attorney can:
Advise you before your arraignment on what to expect and what to say
Challenge the basis for the arrest and any evidence obtained
Argue for release or reduced bail at arraignment
Begin investigating the facts before the police finish building their case against you
Arraignment is your first court appearance. For misdemeanors and non-violent felonies, it often happens within 24 hours of arrest. For felonies, it can take up to 72 hours. The earlier you have an attorney in your corner, the better.
What Happens at Arraignment?
Arraignment is when the formal charges are presented and the question of bail is addressed. This is not a trial. You do not testify. But decisions made at arraignment — particularly about bail — can determine whether you go home or stay in jail while your case moves forward.
A good attorney will be prepared with your background, ties to the community, employment, and any factors that support release. Do not go to arraignment without one if you can possibly help it.
What About a Desk Appearance Ticket (DAT)?
A Desk Appearance Ticket is issued instead of a full arrest for less serious charges. It means you are given a date to appear in court rather than being processed and held. This can feel like a minor thing — it isn't. A DAT is a criminal summons. Handled wrong, it becomes a conviction. Handled right by an experienced attorney, it often goes away entirely.
The Bottom Line
The criminal justice system moves fast, and it is not designed to slow down for you to figure out what is happening. The people on the other side of the table have done this hundreds of times. You probably haven't.
If you or someone you love has been arrested in New York City or New Jersey, call the Law Offices of Kenneth F. Smith at (646) 450-9354 for a free consultation. I will tell you honestly what you are facing and what your options are.
