What should I do immediately after being arrested in NYC?

Exercise your right to remain silent immediately. Do not answer any questions without an attorney. Say clearly: 'I want a lawyer.' Then call Knutson Law: 631-805-6601.

Do I have to answer police questions after an arrest?

No. The Fifth Amendment gives you the right to remain silent. You are not required to answer any questions without an attorney present. Anything you say can be used against you.

What is an arraignment in New York?

Arraignment is your first court appearance, typically within 24–48 hours of arrest. A judge reads the charges and sets bail conditions. Having an attorney present at arraignment is critical.

Can I refuse a search without a warrant?

Yes. If police do not have a warrant, you can say: 'I do not consent to a search.' This is your Fourth Amendment right and is not an admission of guilt.

Can a criminal arrest affect my immigration status?

Yes — even a misdemeanor conviction can lead to deportation or denial of a green card for non-citizens. If you are not a U.S. citizen, you need an attorney who practices both criminal defense and immigration law.

What if police did not read me my Miranda rights?

Your attorney may be able to have any statements you made suppressed as evidence. This does not automatically dismiss the case, but it can significantly weaken the prosecution's position.

What to Do If You're Arrested in NYC — Your Rights Explained

yanaknutson
4 hours ago
4 min read

Being arrested is one of the most disorienting experiences a person can go through. The decisions you make in the first minutes and hours can have a lasting impact on the outcome of your case. Most people instinctively try to explain themselves to police, believing that telling their side of the story will clear things up. This is almost always a mistake. This article walks you through exactly what to do — and what not to do — after an arrest in New York City. Whether this is happening to you or to someone you know, understanding these steps can make a real difference.

Step 1 — Exercise Your Right to Remain Silent

The Fifth Amendment to the U.S. Constitution guarantees your right not to incriminate yourself. You have the right to refuse to answer police questions — from the moment you are detained, not just after a formal arrest. Before a custodial interrogation, police are required to read you your Miranda rights:

"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney."

Speak clearly and calmly: "I want a lawyer. I am not going to answer questions without an attorney present." Then, simply stop talking. There's no need to explain or justify. Remember, anything you say to the police without a lawyer can be used against you — even things that seem harmless right now.

Why people keep talking — and why it hurts them

Police officers are skilled at interviewing people. They might appear friendly or encourage you to talk, but their main goal is to collect evidence. Meanwhile, your role is to wait for your attorney's advice and support.

Step 2 — Do Not Consent to a Search Without a Warrant

The Fourth Amendment protects you from unreasonable searches. If an officer asks for permission to search your car, home, or belongings — you have the right to refuse if they do not have a warrant. Say calmly: "I do not consent to a search." Refusing a search is not an admission of guilt. It is a constitutional right that cannot be used as evidence against you.

Do not physically prevent the officer from the search!

Say nothing and call your attorney as soon as possible.

Step 3 — Remember the Details and Call a Lawyer

As soon as you are allowed to make a call — call an attorney, not a family member. All jail phone calls are recorded and can be used as evidence. While waiting for your attorney, try to remember and later write down:

• The exact time and location of the arrest

• Names and badge numbers of officers involved

• Whether Miranda rights were read, and when

• Exact words used by officers during arrest and processing

• Whether there were witnesses, and who they are

Step 4 — What Happens Next: Processing and Arraignment

After arrest, you will be taken to a police precinct for processing — fingerprinting, photographing, and a background check. This can take several hours. Following processing, you will have an arraignment — your first court appearance, typically within 24 to 48 hours.

At arraignment:

• A judge formally reads the charges against you

• You enter a plea — always plead not guilty at this stage

• The judge decides on bail conditions, determining if you'll be released before your trial

Having an attorney at arraignment matters enormously. This is where the foundation of your case is set.

Step 5 — Special Situation: If You Are Not a U.S. Citizen

For immigrants, facing a criminal charge can be especially challenging. Not only could there be criminal penalties, but it might also lead to deportation, denial of a green card, or losing your immigration status. Even a minor conviction can have serious immigration implications that many criminal attorneys might not always mention. If you're not a U.S. citizen, it's so important to work with an attorney who truly understands both criminal defense and immigration law. This way, your future is better protected.

→ Criminal defense

→ Immigration services

What You Should Never Do After an Arrest

• Do not try to explain yourself to police — even if you are completely innocent

• Do not sign any documents without an attorney

• Do not have important conversations on the jail phone — all calls are recorded

• Do not discuss the details of your case with other inmates

• Do not post anything on social media

• Do not physically resist arrest — challenge its legality with your attorney, in court

Frequently Asked Questions

Can I call my family right after being arrested?

Generally yes — but jail calls are recorded. Call your attorney first. If you must call family, do not discuss any details of the situation.

What if I can't afford a lawyer?

You are entitled to a public defender. However, public defenders carry heavy caseloads — hiring a private attorney is in your interest if possible.

What if the police didn't read me my Miranda rights?

Your attorney may be able to have your statements suppressed as evidence. Document everything you remember about how and when the interrogation occurred.

Am I eligible for an interpreter?

Yes. If you do not sufficiently understand English, you have the right to an interpreter at every stage of criminal proceedings. Request one immediately and do not proceed without one.

The Three Rules That Matter Most

1. Stay silent — do not answer questions without an attorney present.

2. Ask for a lawyer — say it clearly, and say it again if needed.

3. Call an attorney as soon as possible — the earlier representation begins, the more options are available.

An arrest is not a conviction. It is the beginning of a legal process in which you have rights — and skilled legal representation can make the difference between a dismissal and a conviction.

Arrested in New York — or is someone you know in custody?

Call or WhatsApp: 631-805-6601

Bilingual consultation in Russian and English. Knutson Law, PLLC — Yana Knutson, Criminal Defense Attorney.

info@yanaknutsonlaw.com | yanaknutsonlaw.com

The information in this article is for general informational purposes only and does not constitute legal advice. Viewing this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Knutson Law, PLLC is licensed to practice law in New York State.