What to Do If You’re Arrested in New York: Your Legal Rights Explained

February 9, 2026

What to Do If You’re Arrested in New York: Your Legal Rights Explained

Being arrested in New York can be an overwhelming and frightening experience. In the moments following an arrest, emotions often run high, and it can be difficult to know what to say or do. Understanding your legal rights is critical, as the choices you make early on may have lasting effects on your case. At Cascione, Purcigliotti & Galluzzi, P.C., we can provide legal assistance to the New York public and help individuals navigate the criminal justice process with clarity and confidence.


Stay Calm and Comply With Law Enforcement


If you are arrested, it is important to remain calm and avoid resisting arrest, even if you believe the arrest is unfair. Resisting or arguing with officers at the scene can lead to additional charges. You should comply with lawful orders and focus on protecting your rights rather than trying to explain your side of the story in that moment.


Understand Your Right to Remain Silent


One of your most important rights after an arrest is the right to remain silent. You are not required to answer questions about the alleged offense, and anything you say can be used against you later. Politely informing officers that you are choosing to remain silent can help prevent misunderstandings or statements that could harm your case.


Ask for an Attorney Immediately


You have the right to speak with an attorney before answering questions. Once you request an attorney, law enforcement should stop questioning you until legal counsel is present. Asking for an attorney is not an admission of guilt—it is a fundamental right designed to protect you throughout the legal process.


Know What Happens During Booking


After an arrest, you will typically be taken to a police station for booking. This process may include fingerprinting, photographs, and collecting personal information. While you may be required to provide basic identifying details, you do not have to discuss the incident that led to your arrest.


Bail, Arraignment, and What Comes Next


Following booking, you will usually be scheduled for an arraignment, where charges are formally presented, and bail conditions may be discussed. New York bail laws can be complex, and not all offenses require cash bail. Understanding your options at this stage can significantly affect whether you remain in custody or are released while your case proceeds.


Avoid Discussing Your Case With Others


It is best not to discuss your arrest with friends, family, or anyone other than your attorney. Conversations, text messages, and social media posts can sometimes be used as evidence. Keeping details of your case private helps protect your legal position.


Protecting Your Rights After an Arrest


An arrest does not mean a conviction. Knowing your rights and using them wisely can make a meaningful difference in how your case unfolds. Legal guidance can help ensure that your rights are respected at every stage of the process. At Cascione, Purcigliotti & Galluzzi, P.C., we can provide legal assistance to the New York public and help individuals understand their options after an arrest.

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