What Happens After You Are Arrested in NYC? Complete Guide

Many people often wonder, “What happens after you are arrested in NYC?” The answer varies, depending on the nature and severity of the alleged crime. The most important thing you should know about being arrested is that you don’t have to speak with the police before obtaining legal counsel, and you should exercise this right to silence. Working with an NYC criminal defense attorney from Greco Neyland, PC, at the very beginning is the most effective way to improve your odds of a successful outcome in your case.

To have a clearer idea of what to expect following your arrest, it’s useful to break down the process into several parts, beginning with your arrest. The process then continues until you are either released, pending your trial, or remanded to custody at your arraignment.

Police Interaction and Arrest

Your arrest will begin with a police interaction. This could be:

• A 911 call
• A report to the police station
• An investigation
• An observation
• A traffic stop
• A stop-and-frisk encounter

However your arrest occurs, you have the right to remain silent. There is nothing you can say that will put a stop to the arrest, and you have nothing to gain from talking to the police without a lawyer present.

Detention and Processing

Once you’re placed under arrest, you’ll be sent to the local precinct for processing. This involves completing paperwork, taking mugshots, and gathering fingerprints. You’ll be held in a cell with other people who have recently been arrested throughout this process.

Following an arrest, a prosecutor will review the case to decide if it’s worth filing formal charges. If you’re not charged, you’ll be released. You may also be released following initial processing if your charges are very minor. If that’s the case, you’ll be given an official summons or desk appearance ticket that shows you when to show up in court.

For more serious charges, the police may take you to central booking. While the officers fill out paperwork and sign statements regarding the arrest, you’ll be held in a locked cell. New York State law requires anyone accused of a crime to have their first court hearing within 24 hours of their arrest, so you shouldn’t be held in central booking for long.

During the booking process, you’ll be asked if you have an attorney. Most people don’t, but you can hire a private attorney at any time, ideally as soon as possible.

Meeting With Your Attorney

Next, you’ll be transferred to the courthouse, where you’ll have your arraignment. You’ll be taken to another holding cell in the courthouse while you wait, and that’s where you’ll meet your attorney.

Since the cells offer no privacy, you should keep your conversation short and to the point. This is not the place to discuss your criminal defense strategy. Focus on sharing the basic circumstances of your arrest, your ties to the community, and the phone numbers of your loved ones.

Your Arraignment

You’ll be formally charged during your arraignment, where you will be given the chance to plead guilty or not guilty. Unless your attorney tells you to plead guilty, you should be prepared to plead not guilty at this point, even if you plan to eventually negotiate a plea deal. Only 18% of cases ended in a guilty plea at arraignment in 2023.

Once you’ve entered your plea, the judge will decide whether you should be released on bail, released on your own recognizance, or remanded to city custody.

How Common Are Arrests in NYC?

In 2025, 106,724 people were arrested in NYC. Of those arrested, 75.32% faced charges just once that year. Another 13.9% faced two arrests. The rest of the people arrested faced three or more charges. The same year, there were 189,534 prosecuted criminal cases in NYC. In 2024, 29.26% of cases had a guilty outcome, and 37.95% of cases were dismissed.

FAQs

Do You Go Straight to Jail After Being Arrested?

You do not always go straight to jail after being arrested in NYC. Whether you go to jail or are released with a ticket to appear in court later will depend on the severity of your charge. For low-level, non-violent misdemeanors, the police often issue a desk appearance ticket. In that case, you’ll be brought to the local precinct for fingerprinting and a photograph, but you won’t be sent to central booking.

What Actually Happens When You Get Arrested?

What actually happens when you get arrested in NYC is that you are handcuffed and taken to a local precinct for processing, which includes fingerprinting, taking a mug shot, and performing a background check. You may be issued a summons, given a desk appearance ticket, or held for arraignment, depending on the severity of the offense with which you are being charged.

What Happens the First Time You Go to Jail?

The first time you go to jail in NYC, which will typically be Rikers Island or a borough’s central booking, you will undergo intake, classification, and a medical screening process. You’ll spend the initial 24-48 hours in a holding area while you wait for your arraignment. During the arraignment, you’ll be brought before a judge, and your charges will be officially read. It’s at this hearing that your bail will be set, or you will be released on your own recognizance.

Why Should You Not Plead Guilty?

You should not plead guilty because doing so will waive your constitutional right to a jury trial, instantly give you a criminal record, and limit your ability to appeal the charges. Admitting guilt quickly means you lose leverage to negotiate a reduced charge or alternative sentencing program. Even if you plan to plead guilty, you should delay your plea until you have legal counsel.

Hire a Criminal Defense Lawyer Today

No matter what charges you are facing, you should hire a criminal defense lawyer as soon as possible following your arrest. The team here at Greco Neyland, PC, can provide detailed and customized criminal defense strategies for your case. Our firm has years of experience in defending clients against everything from DUIs to assault, and we are known for our deep understanding of criminal defense laws. Contact us to schedule an initial consultation today.