If you are arrested in New York City, typically the police first bring you to a precinct, where they attempt to take a statement. Whether or not you have been advised of your Miranda rights, politely inform the police that you want to talk with your lawyer, and do not want to answer any questions. When you make it clear that you wish to speak with an attorney, police must stop questioning you. As soon as possible, contact an experienced Long Island criminal defense attorney.

While in custody, the police will ask you for personal information. Go ahead and share your name, address, and date of birth with the officers. If you don’t, it just delays the process. You will be brought to Central Booking and eventually taken to the arraignment court. While waiting for your arraignment, you may be held in custody for up to 24 hours depending on how many people are waiting in front of you for arraignments.

At some point, you will meet with someone from the Criminal Justice Agency (CJA) who will make a recommendation to the court regarding bail. Share with this person any ties you have to the community, whether your family is in New York, and how long you have lived and worked at the same locations. Although the determination by CJA is only a recommendation to the court, anything that can show your ties to the community is helpful.

The right criminal defense attorney can help you through the arraignment and bail processes, answer your questions, and explain the procedures as they are unfolding. If you’re accused of any crime in New York City, on Long Island, or anywhere in the state of New York, get the legal help you need and speak at once with an experienced Long Island criminal defense attorney.

What Are Your Miranda Rights?

On Long Island and anywhere in or near New York City, if you are charged with a crime, speak at once with an experienced Long Island criminal defense lawyer. After your arrest, the police must read your Miranda rights if they seek to interrogate you. Your Miranda rights are:

  • You have the right to remain silent.
  • Anything you say will be used against you in a court of law.
  • You have the right to consult with an attorney and to have that attorney present during questioning.
  • If you cannot afford an attorney, one will be appointed for you if you desire.

If you choose to answer any questions – something most defense attorneys strongly advise against – you still may stop the questioning at any time. Be courteous and polite, but simply say “I choose to exercise my right to remain silent” or “I prefer not to answer questions unless my attorney is present.”

Speaking without the presence of a lawyer could lead to a false, coerced confession. You’ve heard the old saying that “confession is good for the soul,” but when the confession is false or coerced, it’s not so good. Confessions are powerful evidence in a prosecutor’s case against a criminal suspect. For many people, a confession should lead directly to a conviction. After all, why would someone who didn’t commit a crime confess to it? In reality, false confessions are common, and the circumstances that lead someone to make a false confession must be considered.

If you are merely being interrogated and have not been arrested, the police are not obligated to read your Miranda rights, but what you say can still be used, so you should still exercise your right to remain silent. If you’re charged with any misdemeanor or felony in the Long Island or New York City area, obtain the legal counsel you need and contact an experienced Long Island criminal defense lawyer immediately.

Whatever You Do, Don’t Resist Arrest

If you’re being charged with any crime in New York City or Long Island, don’t make things worse for yourself at the time of your arrest. Running, struggling, resisting being handcuffed, and verbally abusing a police officer can all be considered resistance to arrest. In fact, at the time of an arrest, anything you do that interferes with a police officer’s performance of his or her duties can be construed as resisting arrest. If you’re charged with a crime in the New York City area, don’t resist arrest. When police officers are killed in the line of duty, it’s frequently while they’re attempting to make an arrest, so they can sometimes be a bit anxious and overbearing during the arrest process. Do everything you can to be cooperative; then exercise your right to remain silent and get immediate legal help from an experienced Long Island criminal defense attorney. If the police used excessive force during your arrest, tell your attorney. A good criminal defense lawyer will do everything possible to compile evidence and line up witnesses to support your side of the story.

You are certainly allowed to object to your arrest provided your language is not abusive, and you’re allowed to inform police officers if you have a disability or a special medical need or condition that may not be apparent to them. Politely insist on your right to remain silent and your right to have an attorney present. Then let your lawyer handle it. If you’re charged with resisting arrest, a good criminal defense attorney will determine if:

  • there is a video or audio recording of your arrest
  • if any eyewitnesses can confirm your story
  • if the arresting officer has any history of using excessive force

Based on the available evidence, a skilled criminal defense lawyer will develop a defense strategy to bring your case to its best possible conclusion. There are no guarantees in any criminal case, but if you are charged with resisting arrest in New York or Long Island, your best hope for justice is to obtain immediately the services of an experienced Long Island criminal defense attorney.

Even if the charge you were arrested for originally is dismissed, that doesn’t mean a resisting arrest charge will also be dropped. In New York City or on Long Island, if you’re arrested for any crime and a resisting arrest charge is added to the original charge, do not plead guilty and do not try to act as your own attorney. Get the legal help you need promptly and contact an experienced Long Island criminal defense attorney.