What to Do After a Criminal Arrest in Nassau & Suffolk County, NY

What happens immediately after an arrest in New York?

After a New York arrest, the officer typically transports you to the precinct or barracks for booking. Booking involves fingerprints, a photograph, a search of your person and belongings, and a check for prior contacts with the criminal justice system. Expect to wait — paperwork, NYSID processing, and transport can take hours.

While you wait, police may try to interview you. You are not required to answer questions about the alleged offense, where you were, who you were with, or anything else beyond basic identifying information. Politely decline and ask for a lawyer. The interview is voluntary on your side, even when officers do not say so.

If you are held overnight, you will usually be moved to a central booking facility before arraignment. In Nassau County that often means the Nassau County Correctional Center pathway to court in Hempstead; in Suffolk County it means transport to the First District Court in Central Islip. Tell jail staff about any medications, medical conditions, or mental-health needs.

What is an arraignment and when does it happen?

An arraignment is your first appearance before a judge. At arraignment the court formally tells you what you are charged with, advises you of your rights, addresses bail and release conditions, and sets a next court date. It is short — often only a few minutes — but it is a critical moment in the case.

Under New York practice, a person held in custody is generally arraigned within roughly 24 hours of arrest. In Nassau County, most initial arraignments happen at the Nassau County District Court at 99 Main Street, Hempstead. In Suffolk County, they typically take place at the First District Court complex in Central Islip. Schedules can shift on weekends and holidays — verify on the New York State Unified Court System site at nycourts.gov.

You have the right to counsel at arraignment. If you do not have a private attorney, the court will appoint a public defender or Legal Aid lawyer for that appearance. Having defense counsel present from the very first appearance helps with bail arguments, requested release conditions, orders of protection, and preserving issues for later motions.

What is a Desk Appearance Ticket (DAT)?

A Desk Appearance Ticket is a written notice that releases you from custody after booking and directs you to appear in court on a specified date. New York has expanded the categories of offenses eligible for DATs, which means many misdemeanor and lower-level felony arrests now result in a DAT rather than overnight custody.

A DAT is not a slap on the wrist — it is the start of a criminal case. The court date listed on the ticket is your arraignment, and missing it can trigger a bench warrant for your arrest. Bring the DAT, any paperwork the officer gave you, and a list of everything you remember about the incident to a defense lawyer as soon as possible.

How does bail work now after New York's bail reform?

New York's 2020 bail reform law eliminated cash bail for most misdemeanors and many nonviolent felonies, replacing it with release on recognizance or non-monetary release conditions such as supervised release, regular check-ins, or travel restrictions. The Legislature has amended the law multiple times since, expanding the categories where judges can still set bail.

For 'qualifying offenses' — including many violent felonies, certain repeat offenses, and specific domestic-violence-related charges — judges retain authority to set bail or, in narrow situations, order detention. The exact list changes when the Legislature acts, so always confirm current rules with counsel before relying on what you read online.

If bail is set, New York law generally requires the judge to consider non-monetary alternatives and to set the least-restrictive condition that will reasonably ensure your return to court. An experienced defense attorney can present a release plan — employment ties, family obligations, community connections — that makes a meaningful difference at arraignment.

Should I talk to the police or wait for a lawyer?

Wait for a lawyer. Police questioning is designed to gather evidence, not to help you. Even truthful statements can be misremembered, taken out of context, or used to lock you into a story before your attorney has seen the discovery materials. Saying nothing is almost never held against you at trial.

The right way to invoke is to say, clearly and out loud: 'I am exercising my right to remain silent. I want a lawyer.' Then stop talking — including small talk, jokes, or attempts to explain. If officers keep asking questions after that, repeat the invocation and remain silent.

Do not consent to searches of your phone, vehicle, or home, and do not sign written statements without your attorney present. Politely declining is not obstruction. Anything you give up voluntarily becomes much harder to challenge later.

Do I really need a criminal defense attorney?

Yes — and the earlier the better. A criminal conviction in New York can affect your job, your professional license, your immigration status, your right to possess a firearm under New York Penal Law § 400.00, and even your housing. The cost of fighting a charge correctly is almost always less than the cost of living with a wrongful conviction.

A defense attorney does far more than show up at court dates. The work includes obtaining and reviewing discovery under CPL Article 245, filing suppression motions when evidence was obtained unlawfully, negotiating with the District Attorney's office for reductions or dismissals, and — when necessary — trying the case to a jury.

If you are facing charges in Nassau or Suffolk County, you do not have to navigate the system alone. Learn more about our criminal defense practice or read about Thomas A. Sirianni, Esq..