What Happens Within The First 24 Hours After An Arrest?

Immediately upon your arrest you will be taken to the police headquarters which is associated with the police agency who made the arrest. There you will be processed, that is fingerprinted and photographed. You will be questioned about your pedigree information and perhaps even about whether you have been drinking, how much and the surrounding circumstances. You will in all probability be asked to take a breathalyzer test. If it is an arrest for a misdemeanor, depending upon the circumstances, you will probably be released within hours assuming there is someone who is capable of driving who can come and pick you up. You might be asked to post a small amount of bail that is money to secure your return to court.

Under certain circumstances, if you are charged with a felony, or if it is a serious DWI, one involving an accident with serious physical injuries, you will be held until a judge is available, then presented to a judge who will set bail and a new court date.

What Rights Do I Have After I Am Arrested?

You have the right to be treated with respect. You also have the right to contact an attorney to discuss whether it is appropriate for you to take the breath test or not. This might not always be easy as many motorists do not have an attorney readily available to consult nor based upon the time of day or night, can they find one who is available. You are also provided with a phone call to contact someone to come and pick you up upon your release.

Will I Be Arraigned Before I Am Released From Jail?

In all probability you will be held at a police station until you are either released on bail by the police or until a judge becomes available for you to be presented to for arraignment. The only time you will be taken to jail is if you cannot post bail. In that case you will be remanded to jail pending future court proceedings.

At What Point Can I Or Should I Contact An Attorney?

Obviously the earlier you do so, the better. An attorney can begin to investigate your case and gather evidence that might not be otherwise available as time passes. Additionally, no doubt you will have questions as to future proceedings in your case which you want answered as soon as possible to alleviate the anxiety which no doubt will be present.

In A DUI Arrest, Can I Contact An Attorney Before Taking The Breath or Blood Test?

As stated previously, “yes” you have the right to consult an attorney however, the problem as stated is whether you will find one available in the allotted time you are provided. The police do not have to wait beyond a reasonable period of time for you to attempt to contact an attorney. If you cannot do so within a reasonably short period of time, the police will proceed to obtain an answer from you as to whether you wish to take the breath test or not.

Once I Am Out Of Jail, How Do I Know What To Do Next?

If you are released from a police station, you will be given a future court appearance date. If you are taken before a judge and arraigned, the judge will give you a future court date. A judge or the police will also give you a copy of your charges. That is really the only paperwork you are provided with.

In A DUI Arrest, Will I Leave Jail Able To Drive? Will I Still Have A License?

Once again, a distinction has to be made between being released from a police station and being released after you appear before a judge. If you are released from a police station, they do not have the right to suspend or revoke your license so you will be permitted to drive until your first court date when circumstances might then change.

If you are presented to a judge, depending upon the facts of the case, i.e. whether you refuse a breath test or not, you might not be permitted to drive.

For more information on Aftermath Of An Arrest In New York, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (914) 709-7161 today.