Arrest is a critical moment that can have a significant impact on your life going forward. It can be a frightening experience, especially if you do not understand your rights or how to protect yourself. Fortunately, by remaining calm, asserting your right to remain silent, requesting an attorney, refusing unwarranted searches, and paying attention to details, you can take steps that will help safeguard your interests and improve the likelihood of a successful legal outcome.
Generally, police officers must have probable cause to arrest someone and must read them their Miranda rights before they can interrogate them. However, the law allows police to make warrantless arrests in some situations, such as an urgent or exigent need for prompt action to prevent physical harm, the escape of a suspect, or the destruction of evidence.
Once an individual is arrested, the police will present their information to the District Attorney’s Office, which determines whether or not to file charges. If the District Attorney decides not to file charges, the suspect will be released. If the District Attorney files charges, the suspect will be notified of the charges and a date for arraignment.
After an arrest, the suspect is taken to the precinct for processing, which includes being fingerprinted and photographed and registering the person’s personal property, such as houses, vehicles, medication, backpacks, purses, large sums of money, jewelry, and other items (except contraband). If the police find nothing that relates to the charge(s) against you, they may release you with a Desk Appearance Ticket, which requires you to appear in court on a later date for arraignment on the specific charges.