The author of this article, Matthew Galluzzo, is a former prosecutor in the Manhattan D.A.’s office, where he was a supervisor in the domestic violence unit. As a defense attorney, he has successfully represented over one hundred clients accused of domestic violence charges throughout the city and New York state.

Receiving a telephone call from someone identifying themselves as an NYPD detective and telling you that you need to surrender because of a domestic violence assault complaint can be extremely stressful. The situation becomes even more serious if the detective tells you that an “I-card” (Investigation Card) has been issued for you.

The most important thing to understand is that this is not a situation to handle casually or by simply deciding not to respond. At the same time, you generally should not walk into a police precinct alone and start explaining the incident before speaking with a criminal-defense lawyer.

This article explains some practical steps to take.

First, understand what an “I-card” means

The NYPD has procedures for creating an Investigation Card in domestic-violence cases involving a named alleged perpetrator. NYPD materials describe an Investigation Card as a mechanism used to communicate information about a person police are attempting to apprehend. 

The existence of an I-card does not by itself tell you everything about the case. For example, it does not necessarily tell you the exact criminal charge, whether a warrant has been issued, what evidence police have, or whether the case will ultimately result in a conviction.

Recent New York case law has also specifically addressed the legal significance of an I-card and the communication of probable-cause information between officers. That makes it particularly important to have an attorney determine exactly what kind of police action is involved in your particular case. 

Don’t panic—but don’t ignore the call

Your first reaction may be to hang up, avoid the detective, leave New York, or simply hope the matter goes away.

That is generally a poor strategy.

Instead, write down everything you can remember about the call:

• The detective’s name and rank.
• The precinct or unit they identified.
• The detective’s telephone number.
• The alleged incident date.
• The alleged complainant’s name, if provided.
• The offense or charge the detective mentioned.
• Whether the detective said there is a warrant.
• Whether the detective specifically used the term “I-card.”
• Where and when the detective wants you to surrender.
• Whether the detective gave you a deadline.

Do not delete text messages, voicemails, emails, photographs, videos, or other information relating to the incident.

Verify the caller—but don’t use verification as an excuse to disappear

A legitimate NYPD detective may contact a person by telephone regarding an investigation. Nevertheless, scams impersonating law enforcement exist, so it is reasonable to independently verify that you are dealing with an actual NYPD detective.

Rather than relying exclusively on the telephone number that called you, obtain the relevant precinct’s publicly listed contact information and verify the detective’s identity and assignment through the precinct.

The NYPD publishes precinct contact information and identifies detective squads and domestic-violence units for its precincts. 

But there is an important distinction:

Verification is not the same thing as ignoring the investigation.

If the call is genuine, the goal should be to determine the appropriate way to surrender—not to evade arrest.

Contact a New York criminal-defense attorney immediately

This is probably the most important step.

Before voluntarily appearing at a precinct, contact a New York criminal-defense attorney who handles domestic-violence and assault cases.

Tell the lawyer exactly what the detective said. Give the attorney the detective’s name, precinct, telephone number, alleged offense, and requested surrender arrangements.

Your lawyer can determine, among other things:

• What criminal charge is allegedly involved.
• Whether an arrest warrant exists.
• Whether there is an I-card rather than a court-issued warrant.
• Whether the detective is requesting a voluntary surrender.
• Where the surrender should take place.
• Whether counsel can arrange a specific surrender time.
• What you should and should not say to investigators.
• What is likely to happen after the arrest.

The attorney can also contact the detective or appropriate prosecutor’s office on your behalf.

Don’t give the detective a detailed version of events over the phone

A common mistake is thinking:

“If I explain what really happened, the detective will understand.”

That can be risky.

A person being investigated for a crime should generally speak with a defense attorney before answering substantive questions about the alleged incident.

You can be courteous without discussing the facts. For example, you can tell the detective that you are contacting an attorney and that your lawyer will coordinate the surrender.

There is an important difference between cooperating with the process and providing an unrepresented statement about the allegations.

Don’t contact the complainant about the accusation

If the alleged victim is a current or former spouse, partner, family member, or other person with whom you have a relationship, you may feel an overwhelming urge to call and ask:

• “Why did you do this?”
• “Can you tell the police you don’t want to prosecute?”
• “Can we work this out?”
• “Can you withdraw the complaint?”

Do not make that decision impulsively.

There may already be—or there may soon be—an order of protection. Contact with the complainant can create additional legal problems depending on the circumstances.

New York courts explain that criminal domestic-violence cases can result in an order of protection, and violations of an existing order can lead to arrest. 

Let your attorney advise you about any contact.

Do not destroy or alter evidence

Do not delete messages, photographs, videos, social-media posts, call records, location information, medical records, or other potentially relevant material merely because you are worried about the investigation.

Likewise, do not ask another person to delete material or change their account of what happened.

Preserve potentially relevant evidence and let your attorney determine what is legally significant.

What happens when you surrender?

The precise process depends on the circumstances of the case.

If police arrest you, the case may proceed through the criminal court system. New York Courts explain that criminal domestic-violence cases commonly begin with an arrest and criminal charges, and a criminal court may issue an order of protection. 

Your attorney can explain what to expect based on the specific charge and circumstances, including arraignment, possible release conditions, and any order of protection.

An arrest is also not the same thing as a conviction. At the beginning of an investigation, you may know very little about what evidence exists or what prosecutors ultimately decide to do.

What if the detective says, “Come in and talk to us”?

Treat that request seriously, but do not assume that “just talking” means there is no risk of arrest or prosecution.

If you are the subject of the investigation, speak with your attorney first.

Your lawyer can determine whether the appropriate course is a controlled surrender, whether an interview is appropriate, and whether there are circumstances in which the attorney should be present.

What if you believe the accusation is completely false?

False allegations can be frightening and infuriating.

Nevertheless, avoid taking matters into your own hands.

Do not threaten the complainant. Do not repeatedly call or message them. Do not post accusations about them online. Do not try to persuade witnesses to “get their stories straight.”

Instead, give your attorney the complete account—including facts that may be unfavorable to you—and provide any potentially exculpatory evidence.

A defense attorney can evaluate the allegations and determine the appropriate legal response.

The bottom line

If an NYPD detective calls and says that there is a domestic-violence assault complaint against you and an I-card has been issued, do not ignore the situation and do not try to evade police.

A sensible sequence is:

1. Write down the details of the call.
2. Independently verify the detective and precinct.
3. Contact a New York criminal-defense attorney immediately.
4. Do not discuss the substantive allegations with police before getting legal advice.
5. Do not contact or pressure the alleged victim.
6. Preserve potentially relevant evidence.
7. Have your attorney coordinate the surrender if appropriate.
8. Follow your attorney’s instructions concerning what happens after surrender.

The NYPD confirms that its Detective Bureau and Domestic Violence Unit investigate domestic-violence cases, while New York Courts explain that criminal domestic-violence cases can involve arrest, criminal charges, and orders of protection. 

Most importantly, don’t confuse surrendering responsibly with surrendering unprepared. You can take the investigation seriously while still exercising your legal rights and obtaining counsel before making substantive statements.

This article is general legal information, not legal advice and does not create an attorney-client relationship. New York criminal procedure is fact-specific. Anyone who receives a call concerning an active investigation, I-card, warrant, or requested surrender should consult a qualified New York criminal-defense attorney promptly.