Founding Attorney
Being arrested in New York triggers a series of legal steps that move a case from the moment of arrest through arraignment, hearings, negotiations, trial, and if necessary, sentencing or appeal. While many cases end through plea negotiations, anyone facing charges in New York should understand how the process works and when to involve a defense attorney.
A Criminal Case Begins with Arrest
A criminal case typically starts when police arrest someone. An officer may make an arrest if:
- They witness a crime
- They have probable cause to believe someone committed a crime
- A judge has issued a valid arrest warrant
After arrest, police complete the booking process, take fingerprints, gather biographical information, and place the person in custody.
For minor offenses, police may issue a desk appearance ticket (DAT)—a notice requiring the person to appear in court at a later date.
Bail and Release Options
After booking, the court decides whether the person will remain in custody or be released.
Possible outcomes:
- Bail is set: The defendant must pay the amount to be released while the case continues.
- Release on recognizance (ROR): The defendant is released without paying bail, promising to return to court.
- Supervised release: The defendant is monitored by a pretrial services agency.
Judges consider several factors:
- Severity of the charges
- Criminal history
- Safety of the community
- Ties to work, family, and residence
New York’s bail laws continue to evolve, so early legal intervention is important.
Arraignment: The First Court Appearance
An arraignment is the defendant’s first appearance before a judge.
During arraignment:
- The judge explains the charges
- The defendant enters a plea (usually not guilty)
- Bail is reviewed or adjusted
- Future court dates are scheduled
This stage happens quickly, often within 24 hours of arrest, making immediate representation critical. At Michael A. Arbeit, PC, our defense attorney is available 24/7 and can immediately visit jail.
How Charges Move Forward: Preliminary Hearing or Grand Jury
In New York, prosecutors can move a felony case forward in two ways:
Preliminary Hearing
A judge hears testimony and decides whether enough evidence exists to find probable cause. Defense counsel can cross-examine witnesses and challenge the evidence.
Grand Jury
A confidential proceeding where only the prosecutor presents evidence. The grand jury votes on whether to issue an indictment.
If neither process establishes probable cause, the defendant cannot be forced to stand trial.
Pre-Trial Motions
Before trial, both sides may file motions to address key issues such as:
- Suppression of evidence (e.g., illegal search, improper stop)
- Admissibility of statements
- Discovery disputes
- Dismissal of charges
These motions often shape the outcome of the case long before a trial begins.
Trial: Determining Guilt or Innocence
If a case goes to trial:
- The prosecution must prove guilt beyond a reasonable doubt
- The defense challenges the evidence and presents its own case
- A judge or jury delivers the verdict
If a jury cannot reach a unanimous decision, a mistrial may be declared. The prosecution may dismiss the case or retry it.
If the defendant is found guilty, the case proceeds to sentencing.
Sentencing
At sentencing, the court decides on the appropriate penalty. Factors include:
- Nature of the offense
- Criminal record
- Personal circumstances
- Mitigating or aggravating details
- Demonstrated remorse
Appeal: Requesting a Higher Court’s Review
A person convicted of a crime has the right to appeal. An appellate court reviews whether legal errors occurred that may have affected the outcome. If the appellate court finds a significant error, it may:
- Reverse the conviction
- Order a new trial
- Modify the sentence
Why Early Legal Representation Matters
From arrest to appeal, each stage of the criminal process creates opportunities to protect the defendant’s rights, or jeopardize them if handled incorrectly. Early involvement from a defense attorney often makes the biggest difference in outcome, especially before arraignment and during pre-trial motions.
Last Updated: December 2025