What Happens After an Arrest in NYC? A Step-by-Step Guide
If you or a loved one has just been arrested in NYC, you are likely overwhelmed, frightened, and unsure of what comes next. The New York City criminal justice system is a massive, complex machine that moves quickly, often leaving defendants behind.
Understanding the process is the first step in regaining control. As a Criminal Defense Lawyer New York residents trust—and a former prosecutor who has worked inside the system's highest levels—I have created this guide to help you navigate the critical hours following an arrest in Manhattan and the surrounding boroughs.
1. The Arrest and The Precinct
Immediately after an arrest, you will be taken to the local police precinct for "processing." This involves taking your fingerprints and photographs ("mugshots").
The Golden Rule: You will be placed in a holding cell and likely questioned by detectives. Do not speak to them. You cannot talk your way out of an arrest at this stage, but you can easily talk your way into a conviction. Politely state that you are exercising your right to remain silent and want your attorney.
2. Central Booking vs. Desk Appearance Ticket (DAT)
Depending on the severity of the charges and your criminal history, one of two things will happen:
Desk Appearance Ticket (DAT): For less serious offenses (often misdemeanors), you may be released from the precinct with a ticket telling you when to appear in court. Do not ignore this date.
Central Booking: For more serious charges, you will be transported to Manhattan Central Booking (or the equivalent in Brooklyn, Queens, or the Bronx). This is where the waiting begins. You may be held here for up to 24 hours while the District Attorney’s office draws up the formal complaint against you.
Why the Delay?
While you sit in Central Booking, the prosecutor is deciding what crimes to charge you with. This is a critical window of time. If you have retained Townsend Law, we can often intervene before the charges are finalized, contacting the DA’s office to mitigate the situation before it even reaches a judge.
3. The Arraignment: Your First Court Appearance
This is the most critical moment in the early stages of your case. You will be brought before a judge for your arraignment. This is not a trial; it is a hearing where:
You are formally informed of the charges.
Your lawyer enters a plea of "Not Guilty."
Bail is determined.
The Fight for Your Freedom
The prosecutor may ask the judge to set "cash bail" or hold you in custody ("remand"). As a former prosecutor, Sarena Townsend knows exactly what arguments the DA will use to keep you in jail. We counter those arguments aggressively, fighting for your release on your own recognizance (ROR) so you can fight your case from home, not a cell.
4. Post-Arraignment Strategy
Once the arraignment is over, the real work begins. Whether you are facing a misdemeanor in Criminal Court or a felony indictment in the Supreme Court, the prosecution is building their case.
At Townsend Law, we use this time to:
Investigate the Police: We pull body-cam footage, radio runs, and officer disciplinary records (a specialty of Sarena Townsend, former Deputy Commissioner of Internal Affairs).
File Motions: We move to suppress illegally obtained evidence and dismiss defective charges.
Negotiate: We leverage our reputation as a "feared adversary" to secure favorable outcomes often without the need for a trial.
Don't Navigate the System Alone
The hours and days following an arrest are dangerous. One wrong word to a detective or a missed opportunity at arraignment can change the trajectory of your life.
You need a defense attorney who has been on the other side. If you are facing charges, contact Townsend Law immediately. We are ready to intervene and fight for you.