Criminal Defense, DWI & Traffic
Arrested in Suffolk County: What Happens Next
What happens if I'm arrested in Suffolk County?
If you're arrested in Suffolk County, you'll be taken to a police station or detention facility for booking. This process includes recording your personal information, taking photographs and fingerprints, and documenting the alleged offense. You have the right to remain silent and the right to an attorney. After booking, you'll be held until your arraignment, which must occur within a reasonable time—typically within 24 to 72 hours. At arraignment, you'll appear before a judge, learn the charges, and the judge will decide on bail or release conditions. New York's bail reform limits cash bail for most misdemeanors and non-violent felonies; many people are released on their own recognizance or with non-monetary conditions. Understanding what happens at each step can help you make informed decisions.
Booking and Processing
After arrest, you'll be taken to a police station or county detention facility for booking. During this process, officers will record your personal information, take photographs and fingerprints, search you, and document the alleged offense and the circumstances of your arrest. You may be held in a cell during booking.
You have the right to remain silent and the right to speak with an attorney. You are not required to answer questions about the charge or your conduct. If you request an attorney, police must honor that request. Do not waive these rights without careful consideration.
The Arraignment
Your arraignment is your first court appearance. It must happen within a specific timeframe after arrest—in New York, typically within 24 to 72 hours, depending on the day of arrest. At the arraignment, a judge will inform you of the charges, explain your rights, and determine your bail or release conditions.
The arraignment is not the time to plead guilty or innocent. The main purpose is for the judge to set conditions for your release. You will have the opportunity to address the court, and an attorney can advocate on your behalf.
Bail and Release Decisions
New York's bail reform, first enacted in 2019 and amended several times since, restricts when judges can set cash bail. For most misdemeanors and many non-violent felonies, cash bail is not an option. Instead, judges may release you on your own recognizance (a promise to return), with non-monetary conditions such as staying away from certain people or places, appearing for all court dates, or restrictions on travel.
For some cases, the judge may set bail or other conditions. The exact rules change periodically and vary by charge. An attorney can explain how bail reform applies to your specific situation.
What Happens After Arraignment
After your arraignment, your case moves through the court system. If you're charged with a misdemeanor, your case may stay in district or town court. If you're charged with a felony, your case will eventually be heard in Suffolk County Court in Riverhead. You'll have future court dates, and your attorney can help you understand your options: plea agreements, motions, or trial.
Stay in contact with your attorney and make all court appearances. Failing to appear can result in new charges and a warrant for your arrest.
Your Rights During Arrest
You have the right to remain silent. You are not required to answer questions or provide statements. You have the right to speak with an attorney before any questioning. If you cannot afford an attorney, you have the right to request a court-appointed attorney at your arraignment.
You have the right to be informed of the charges against you. You have the right to know the basis of your arrest. You have the right to a speedy trial. These rights are fundamental to New York criminal procedure.
When it is worth a call
- Immediately after arrest or when police say you are under arrest
- Before your arraignment if you do not have an attorney
- If you do not understand bail conditions or have questions about your release
Common questions
- How long can police hold me before I see a judge?
- In New York, you must be brought before a judge for an arraignment within a specified time after arrest. Generally, this is 24 to 72 hours, depending on when you were arrested (weekday vs. weekend or holiday). The exact timeframe is set by law to protect your rights. If you are not arraigned within the required time, you may be entitled to release.
- Can I post bail immediately after arrest?
- Bail cannot be set until your arraignment before a judge. During booking and the holding period, you remain in custody. At arraignment, the judge will decide whether to allow bail, set bail, release you on recognizance, or impose other conditions. If you have family or friends who wish to help, they must wait until after the judge's decision.
- What if I can't afford bail?
- New York bail reform makes cash bail unavailable for most misdemeanors and many non-violent felonies. If bail is set for a felony charge, you can request that it be lowered or that you be released on other conditions. You can ask the judge to consider your financial situation. An attorney can argue for lower bail or alternative release conditions on your behalf.
- What should I say at my arraignment?
- At arraignment, the judge will ask if you understand the charges and explain your rights. An attorney should handle most of the speaking on your behalf. You generally should not enter a plea at arraignment; that happens later. Let your attorney advise you on what to say and what to avoid. If you do not have an attorney, ask the judge for one.
Talk it through with Mitch
Bring the situation, not a diagnosis. A short conversation usually makes the next step obvious.