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After an Arrest
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After an Arrest
You got arrested. Maybe you’re in a holding cell right now. Maybe you just walked out and you’re trying to piece together what happens next. Or maybe your spouse called from Central Booking and you’re scrambling to understand the timeline. Here’s what actually happens in the next 24 to 72 hours – not legal theory, but the concrete reality you’re facing right now.
Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 50 years combined experience defending clients in your exact situation. We’ve handled cases others said were unwinnable – from high-profile federal prosecutions to everyday arrests that threaten people’s futures. This article walks you through what happens after arrest in New York, what choices you have at each stage, and what you should do immediately.
The First Few Hours
They transport you to the local precinct. That’s where it starts. You’re fingerprinted – every finger, both hands. They photograph you from multiple angles. Your entire criminal record gets pulled through the NYPD system based on those fingerprints and your identification. This takes time because the database has to search nationwide records, prior arrests, outstanding warrants. Then you wait in a holding cell. Hours pass. You might be questioned – officers ask about the incident, try to get you to make statements. This is where people make their biggest mistake. You have the right to refuse questioning. Exercise it. Say these exact words: “I want an attorney.” That stops all questioning immediately. Anything you say before seeing an attorney can – and will – be used to build the case against you. We’ve seen too many cases lost because someone thought explaining their side would help. While you’re in that holding cell, the arresting officer presents information about your case to the District Attorney’s Office. The DA reviews the facts, decides whether to file formal charges. If they decline to prosecute, you’re released. If they file charges, you move to the next stage. This decision typically happens within 2 to 6 hours, depending on case complexity and how busy the DA’s office is that day.
Central Booking – Where Time Stops
If the DA files charges, you’re transported to Central Booking. This is a centralized facility where multiple precincts bring arrested individuals for processing before arraignment. You’re not alone – dozens, sometimes hundreds of people cycle through Central Booking daily. That’s why the wait stretches so long.
The law says you must be arraigned within 24 hours of arrest. Reality is more complicated. If you’re arrested on a weekday morning, your arraignment might happen that same evening or the next morning. If you’re arrested Friday night, you’re likely waiting until Monday – that’s 48 to 72 hours, because courts don’t arraign on weekends except for special circumstances. The constitutional 24-hour rule has weekend exceptions built in through judicial interpretation. Some would call this a convenient loophole that suspends liberty without oversight for three days.
During this wait, you’re in custody with limited ability to contact family. Most facilities allow one phone call – use it wisely. Call someone who can start looking for an attorney, not someone who’ll just panic with you. If you can afford private counsel, having them show up at arraignment makes a material difference in bail arguments and initial strategy. Public defenders are skilled attorneys, but they’re handling 50+ cases simultaneously and meet you 5 minutes before your arraignment.
Arraignment
Finally, you’re taken before a judge in the Criminal Court of the City of New York. The arraignment is brief but critical. The judge reads the charges against you. Formal charges – not what the officer told you at arrest, but what the DA actually filed. Sometimes they’re different. Sometimes they’re worse.
The judge informs you of your rights: right to trial, right to an attorney. If you can’t afford an attorney, one is appointed immediately. Then you must enter a plea – guilty or not guilty. This is where non-lawyers make catastrophic errors. They think pleading guilty gets them home faster. Wrong. Plead not guilty. Always. Even if you think you’re guilty, even if the evidence seems overwhelming. Pleading guilty at arraignment means you’re convicted right there – the judge sentences you immediately, and you’ve waived nearly all your appeal rights. Plead not guilty. Negotiate later from a position of strength.
Then comes the bail decision. New York’s 2020 bail reform laws eliminated cash bail for most misdemeanors and non-violent felonies. If you’re charged with a qualifying offense, the judge must release you on your own recognizance (ROR) – you promise to return for future court dates, no money required. The judge can impose conditions: stay away from certain people, surrender passport, electronic monitoring.
For violent felonies, certain sex offenses, and other serious charges, bail is still an option. The judge considers several factors: your ties to the community, whether you’re a flight risk, danger you might pose, your criminal history. If bail is set, you or your family can post it directly (full amount) or use a bail bondsman (typically 10% fee). Once bail is posted, you’re released pending trial.
If bail is set too high to pay, or if the judge remands you without bail, you’re transported to Rikers Island or another detention facility until your next court appearance.
What Happens Next
If you’re released – whether ROR or on bail – the first 48 hours matter enormously. Get an attorney immediately. Not next week, not “when I have time.” Now. The sooner your attorney starts investigating, interviewing witnesses, preserving evidence, the stronger your defense becomes. Memories fade, witnesses disappear, surveillance footage gets deleted on 30-day cycles. Every day you wait is a day the prosecution gains advantage.
Mark your court date in multiple places. Set phone alarms. Missing a court date is one of the worst things you can do. The judge issues a bench warrant immediately – meaning police can arrest you again on sight, and this time bail is much less likely. You’ve demonstrated you’re a flight risk. Judges don’t forget missed appearances.
If you’re remanded to Rikers, your next court date is typically 3 to 6 weeks out. Use that time to communicate with your attorney – visits, phone calls, letters. Document everything about your arrest: who was present, what was said, any procedural irregularities. These details fade fast but can be crucial for suppression motions later.
One thing many people don’t realize: the arrest stays on your record permanently, even if charges are dismissed. New York doesn’t automatically seal or expunge arrest records. You need to petition the court under CPL § 160.50 to seal the record. An arrest showing up on background checks can affect employment, housing, professional licenses. This is separate from the criminal case – even if you’re found not guilty, the arrest record remains visible unless you take affirmative steps to seal it.
The gap between arrest and arraignment represents a suspension of liberty without immediate judicial review. You’re in custody – not convicted, not even formally charged yet – for up to 72 hours before seeing a judge. The framers of the Constitution would have considered this precisely the kind of arbitrary detention they sought to prevent. Yet it’s standard practice in 2025. Bail reform in 2020 was a civil liberties victory – it addressed the constitutional problem of wealth-based detention, where poor defendants sat in jail while wealthy defendants bought their freedom. But the system still operates on delay, discomfort, and uncertainty to pressure guilty pleas.
At Spodek Law Group – we understand that arrests happen at the worst possible times. We’re available 24/7 at 212-300-5196 because we know you can’t wait until Monday morning. Todd Spodek has defended clients in situations where others said conviction was inevitable – our philosophy is that everyone deserves vigorous advocacy, especially when the system is designed to pressure surrender. Our attorneys have been interviewed by major news outlets like Fox News, NY Post, and Bloomberg. We represented clients in cases that made national headlines. If you’re facing charges, the next 48 hours determine how your case unfolds. Call us.