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What to Do If You’re Arrested in New York: A Step-by-Step Guide

Understanding Your Rights & Protecting Yourself

Being arrested is a stressful and overwhelming experience, but knowing your rights and the correct steps to take can significantly impact the outcome of your case. Whether you’re facing a DUI, drug charges, assault, or any other criminal offense, it’s crucial to remain calm and follow the right legal procedures.

At Zuck Legal PLLC, we have successfully defended clients in New York State, New Jersey, and federal courts. Here’s a step-by-step guide on what to do if you find yourself under arrest.

📞 Need immediate legal help? Call Zuck Legal PLLC at (646) 606-2757.


Step 1: Stay Calm & Do Not Resist Arrest

If an officer tells you that you are under arrest, do not argue, resist, or run. Even if you believe the arrest is wrongful, resisting can lead to additional charges such as resisting arrest or obstruction of justice.

Remain silent and avoid engaging in unnecessary conversation with the officers.
Do not resist physically or verbally—even minor resistance can be used against you.
Stay focused and mentally prepare to invoke your rights.

Important: Even if the arrest seems unfair, the time to fight it is in court with a lawyer, not during the arrest.


Step 2: Exercise Your Right to Remain Silent

Under the Fifth Amendment, you have the right to remain silent—use it. Anything you say can and will be used against you in court.

✅ You do not have to answer any questions beyond providing your name and identification.
✅ If officers ask you anything about the case, politely decline to answer:

  • “I wish to remain silent. I will not answer questions without a lawyer.”
    ✅ Do not make excuses, explanations, or false statements—it can hurt your case later.

Important: Staying silent cannot be used against you in court. The police may pressure you to talk, but it’s your legal right not to.


Step 3: Ask for a Lawyer Immediately

As soon as possible, clearly state:
“I want to speak to an attorney.”

✅ Once you request a lawyer, the police must stop questioning you.
✅ Do not discuss your case with anyone except your attorney—this includes cellmates, friends, or family members until you consult with legal counsel.
✅ If you cannot afford an attorney, the court must provide you with a public defender.

📞 Facing criminal charges? Call Zuck Legal PLLC at (646) 606-2757 for immediate legal help.

Important: Even if you are innocent, speaking to police without an attorney can still lead to incriminating mistakes.


Step 4: Do Not Consent to Searches

Police officers may ask for permission to search you, your car, or your home. You do not have to agree. If they have a warrant, they can proceed without your consent. However, if they ask for permission, it means they need your consent to search.

Politely refuse:

  • “I do not consent to a search.”
    ✅ If officers proceed without consent, do not resist, but note the details for your attorney.

Important: If police conduct an illegal search, your lawyer can fight to have any evidence suppressed in court.


Step 5: Understand the Booking Process

After an arrest, you will be taken to a police station for booking, which includes:
✅ Recording your personal information and fingerprints.
✅ Taking your mugshot and possibly collecting DNA samples.
✅ Placing you in a holding cell until you see a judge.

You may also be asked for:

  • A statementDO NOT GIVE ONE without your lawyer.
  • A lineup or witness identificationConsult your attorney before participating.

Important: If you are allowed to make one phone call, use it to contact a lawyer or a trusted family member to get legal help.


Step 6: Bail & Arraignment – Your First Court Appearance

Within 24-48 hours, you will have an arraignment, where a judge will:
✅ Read the charges against you.
✅ Decide if you can be released on bail or if you must stay in custody.

At this hearing, your lawyer can:

  • Argue for lower bail or release without bail (on your own recognizance).
  • Challenge any weak evidence presented by the prosecution.

Important: Do not accept any plea deals before speaking to your lawyer.


Step 7: Building Your Defense

After release, your attorney will:
✅ Review the evidence and witness statements.
✅ File motions to suppress unlawfully obtained evidence.
✅ Negotiate plea deals or fight for case dismissal.
✅ Prepare you for trial, if necessary.

At Zuck Legal PLLC, we analyze every aspect of your case and create a custom legal strategy to protect your rights and your future.

📞 Charged with a crime? Get expert defense from Zuck Legal PLLC at (646) 606-2757.


Key Takeaways – What to Do If Arrested

Stay calm and do not resist.
Remain silent – do not answer police questions.
Request a lawyer immediately and do not speak without legal counsel.
Do not consent to searches of your home, car, or belongings.
Attend your arraignment and follow your attorney’s advice.


Need Legal Representation? Contact Zuck Legal PLLC Today

If you or a loved one has been arrested in New York or New Jersey, don’t face the legal system alone. At Zuck Legal PLLC, we provide aggressive defense strategies to fight for your rights and protect your future.

📞 Call now for immediate legal help: (646) 606-2757
📍 Visit our office: 3069 Brighton 1st Street, FL 2, Brooklyn, NY 11235
📧 Email us: info@zucklegal.com

🔹 Experienced Criminal Defense Attorneys
🔹 Proven Track Record of Success
🔹 Available 24/7 for Urgent Cases

When success is the only option, trust Zuck Legal PLLC to fight for you.

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