Arrested in New York City? What Happens Next.

Step 1: The Arrest

An arrest in New York City may follow a warrant, or may occur on the street or at a traffic stop based on probable cause. Once you are in custody, two constitutional rights become immediately relevant:

Nothing in this description of rights should be read as advice for a specific situation. A defense attorney reviews your particular facts to identify what rights were preserved or implicated in your arrest.

Step 2: Central Booking and Processing

After an arrest in New York City, you are transported to a police precinct for processing, then to a central booking facility (Manhattan: 100 Centre Street; Brooklyn: 120 Schermerhorn Street). Processing includes photographing, fingerprinting, and a database check. This process typically takes several hours.

During this time, you may have one phone call. Notify a family member or attorney.

Exact timelines at central booking vary and are not predictable — the above is general information based on typical procedure.

Step 3: Arraignment

Under New York law, you must be arraigned within 24 hours of arrest. At arraignment:

• The formal charges (the accusatory instrument) are read
• You enter a plea — typically not guilty at this stage
• The judge decides on bail, release on recognizance (ROR), or remand
• The next court date is set

Having counsel present at arraignment is important. The bail decision is made here. Arguments about ties to the community, employment, family circumstances, and the nature of the charges can affect whether you are held or released and on what terms.

After Arraignment: What the Process Looks Like

After arraignment, a criminal case proceeds through one or more of the following stages, depending on the charges:

• Discovery: Under New York's automatic discovery law (CPL Article 245), the prosecution must provide police reports, body-worn camera footage, witness statements, and other materials within specified timeframes. Reviewing this material is a primary early defense task.
• Motions practice: Depending on the facts, there may be grounds to challenge how evidence was obtained, whether statements were properly taken, or whether identification procedures were lawful. Suppression motions can significantly affect case posture.
• Plea negotiations: Many cases resolve short of trial. Whether a negotiated resolution makes sense depends on the strength of the evidence, the charges, your record, and your priorities — including non-criminal consequences like immigration status or professional licensing.
• Trial: If the case proceeds to trial, the prosecution bears the burden of proving guilt beyond a reasonable doubt. The defendant is not required to testify or present any evidence.

Every case is different. None of the above should be read as predicting how any particular case will proceed or resolve.

Frequently Asked Questions