What Happens In The First 24 Hours After An Arrest?
What usually happens within the first 24-hours of arrest in the Westchester County area is a police officer will handcuff you most of the time. If not, they will put you in their police car. You will be taken to a local police precinct eventually. Sometimes you are put in a car and they have other calls. There could be an emergency so it may take you time but eventually, you will end up in a local police station and you will be booked. What it means to be booked is essentially you will have your fingerprints taken and you will take a mug-shot, which most people know is a photograph that stays in your record. The police will take pedigree information from you such as your name, address, date of birth and so forth.
Your name and fingerprints will be run against a criminal background system to see if you have any prior arrests, any warrants or any other possible detention holds that could be put against you. You will be placed in a small cell in the police station with other people or alone. It is entirely based on the police’s discretion. After all of that is done, it’s essentially a waiting game. How long it takes, varies from case to case, but it could be within the first 24-hours you will be taken to a court where you will be arraigned. Our White Plains criminal defense attorneys have done thousands of arraignments, including arraignments in the criminal courts of White Plains, Yonkers, New Rochelle, Mt Vernon, Mt. Kisco, Port Chester, Greenburgh and many others. Having a retained criminal defense lawyer with you or a family member at the arraignment shows the Court that you are taking the criminal charges seriously and increases the chance of a release without bail, or a lower bail in the case of a felony. The only determination that is done in an arraignment in Westchester County is whether you will be released on your own recognizance, whether the judge will impose a bail or whether there will not be a bail and you will be remanded. Remanded means there is no way that you can get out and that’s usually only when you have an immigration hold or when there has been a horrible crime where the court believes you would be a threat to society, to yourself, or to anyone if you are released. If you have received a call from a detective or a loved one was arrested, call a Westchester County New York criminal defense lawyer immediately.
What Are My Rights Once I Have Been Arrested?
Our Westchester criminal defense lawyers know that the United States Constitution has several rights that you have once you have been arrested. The first one of those rights is you have the right to a criminal defense attorney. If you are detained, which means basically you are not free to leave, then you have a right to an attorney. You have a right to remain silent, which a lot of people do not understand. When you are arrested, you get scared and the police say, “Tell me what happened”, and the police could trick you. They have the legal right to actually mislead you into saying things that could be against your interests. You also have the right not to incriminate yourself. You do not have to say, “Hey, I did it”, or, “I know this”, or, “I will tell you that”; you do not have to say anything. Our White Plains criminal defense lawyer recommend saying nothing to the police because your words can often be twisted by the police.
How Soon Can I Get Access To An Attorney If I Request One?
As soon as the police tell you are not free to go or if you are handcuffed and you cannot go, then that is when the right attaches and you can get access to a criminal defense attorney if you request one. It is really fact-sensitive. The legal standard is you have to be detained and not free to leave. What I always advise clients is just ask the police “Am I free to go?” If they say no, you are officially detained and you have the right to an attorney. Even if they say “Yes, you are free to go”, but they are in front of you and you feel kind of threatened and you do not feel free to go, then I would also suggest that you call a criminal defense attorney.
Can I Contact An Attorney Immediately Or Is There A Waiting Period Involved?
Once you state to the police, “I do not want to talk; I want to speak to my attorney”, they have a legal obligation to allow you to contact your attorney immediately with no waiting period. They should know that by their police training. It’s a federal right, which has been spelled out by the Supreme Court. They are not supposed to deny that right. If they do, then you have a really good chance of that case being dismissed. If you do not have your cell phone with you, they do have a responsibility to provide you with a telephone if you’re in the precinct. They don’t have to give you their cell phone. They don’t have to go out of their way but they do need to make reasonable efforts to accommodate your request for an attorney.
Can I Consult With An Attorney Prior To Making A Decision On The Breath Or Blood Test?
You do have the right to consult with an attorney prior to making a decision on the breath or blood test. In theory, the right to counsel attaches right when you are detained. However, the breath or blood test is usually taken right away when an officer stops you in your car. Most people – even though they know it – don’t have an opportunity to consult with an attorney because the police are so aggressive in making you take the breathalyzer test. You do have the right to ask right away. You could theoretically tell the police, “Look, I want to call my attorney” and they have to stop. Usually, that does not happen because people are not educated as far as when they are allowed to speak to their attorney.
Get Information on Aftermath Of An Arrest In New York or call the Law Offices of Michael H. Joseph, PLLC for a FREE Initial Consultation at (914) 574-8330 and get the legal answers you are seeking.