What to Do When a Friend or Family Member Is Arrested in New York City

The author of this article, Matthew Galluzzo, is a former Manhattan prosecutor with over 25 years of experience practicing criminal law before the federal and state courts of New York City. If your loved one has just recently been arrested, you should strongly consider contacting him to engage his services immediately.

When a loved one is arrested in New York City, family members often have the same immediate questions: Where is the person being held? What are the charges? When will the person see a judge? Will there be bail? Does the person need a lawyer immediately?

The period between an arrest and the first court appearance can be critical. Family members should try to obtain reliable information quickly and, whenever possible, have a criminal defense attorney involved before the arraignment.

New York criminal cases can be complicated, and the procedures are different depending on whether the case is being prosecuted in New York State court or federal court. Understanding that distinction is one of the first things a defense attorney should determine.

1. Contact a Criminal Defense Attorney Immediately

The first step should generally be to contact a criminal defense attorney who handles criminal cases in New York City.

A person arrested in New York has the right to an attorney at arraignment and throughout the criminal case. If the defendant cannot afford an attorney, the court can appoint counsel.

However, having a privately retained attorney involved before the arraignment is advisable. Public defenders have massive caseloads and cannot devote as much time to each defendant, whereas private attorneys can be solely devoted to the arraignment of a single client. For that reason, private attorneys can often secure the release of their clients from custody more quickly. Depending on the circumstances, counsel should be able to:

• Determine where the defendant is being held;
• Determine what charges are being contemplated or filed;
• Find out when and where the arraignment is expected to occur;
• Speak with the defendant before the court appearance;
• Begin gathering information relevant to release or bail;
• Identify potential immigration, employment, licensing, or other collateral consequences;
• Communicate with prosecutors when appropriate;
• Prepare to address the allegations and the defendant’s history at arraignment; and
• Begin developing a defense strategy.

A family member should not assume that the police station or detention facility will provide all of the information necessary to understand the case. An attorney can investigate the status of the arrest and determine what court proceeding is actually scheduled.

2. Find Out Where the Defendant Is Being Held

Before an attorney can effectively assist, it is important to determine where the arrested person is.

An arrested person may be processed through police facilities and Central Booking before appearing in court. The exact process and timing can vary depending on the circumstances of the arrest, the charges, and whether the case is being handled by state or federal authorities.

Family members should collect as much basic information as possible, including:

• The defendant’s full legal name;
• Date of birth;
• Approximate time and location of arrest;
• Arresting agency;
• Whether the person was arrested pursuant to a warrant;
• Any paperwork provided by the police;
• The alleged charges, if known;
• Whether the defendant has a prior criminal record;
• Whether there are outstanding warrants or other pending cases; and
• Any scheduled court date or court location.

The attorney can use this information to begin determining what happened and where the case is proceeding.

3. Determine Whether the Case Is a New York State or Federal Case

This is one of the most important questions to answer.

An arrest in New York City does not necessarily mean that the case is a New York State criminal prosecution. Some arrests in New York City involve federal charges and federal prosecution.

New York State criminal cases

Most ordinary New York City arrests are handled in the New York State court system. Depending on the charges, the case may begin in New York City Criminal Court and may later proceed to the Supreme Court of the State of New York.

The prosecution is generally handled by the appropriate District Attorney’s Office. New York City has separate District Attorney’s Offices for Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.

At a New York State arraignment, the defendant is advised of the charges and rights, counsel is addressed, and the court considers the defendant’s release status. Depending on the charges and circumstances, the defendant may be released without bail, released subject to conditions, or required to post bail.

Federal criminal cases

Federal cases are different. Federal criminal prosecutions are brought by the United States Attorney’s Office and proceed in federal district court.

New York City is primarily within the Southern District of New York (SDNY) and Eastern District of New York (EDNY), depending upon where the alleged conduct occurred and other jurisdictional considerations.

Federal procedure also uses a different sequence of proceedings. Under Federal Rule of Criminal Procedure 5, a person arrested on a federal offense generally must be brought without unnecessary delay before a federal magistrate judge, subject to specified exceptions.

At a federal initial appearance, the court addresses matters such as the charges, counsel, probable cause, and whether the defendant should remain detained or be released pending further proceedings.

A federal case may involve an indictment, a criminal complaint, or an information. The Southern District of New York explains that an indictment is a written accusation returned by a grand jury, while an information is a written charge filed by the United States Attorney.

Why the distinction matters

The difference between state and federal prosecution can affect virtually every aspect of the case, including:

• Which court has jurisdiction;
• Which prosecutor’s office is handling the case;
• Which statutes apply;
• The arraignment and initial-appearance procedures;
• Pretrial detention and release procedures;
• Discovery;
• Sentencing exposure;
• Applicable sentencing guidelines;
• Investigative agencies involved in the case; and
• The identity and role of the judge.

A lawyer should therefore determine the jurisdiction before assuming that a case is a routine New York City Criminal Court matter. Matthew Galluzzo has tremendous experience in both state and federal criminal court matters.

4. Prepare for the Arraignment

In a New York State case, the arraignment is generally the defendant’s first appearance before a judge. The defendant is informed of the charges and rights, counsel is addressed, and the court considers the defendant’s release status. Arraignments typically happen within twenty-four (24) hours of the person’s arrest, but that can depend on a number of variables. Most of the state arraignment courts operate seven days a week from 9:00am to midnight or so; federal magistrate judges typically operate during business hours.

The defendant may also enter a plea. In many cases, a plea of not guilty is entered while the defense investigates the allegations and considers the available legal options.

Family members should understand that the arraignment is not the trial. It is an early stage of the criminal case. Almost every defendant will need to return to court after the arraignment, at least once.

After a not-guilty plea, a case may proceed through discovery, motion practice, hearings, grand-jury proceedings in felony cases, plea negotiations, and potentially trial. New York Courts describes discovery as the process through which the prosecution and defense exchange information and evidence relevant to the case.

Before the arraignment, a defense attorney should obtain as much information as possible about the defendant and the circumstances of the arrest.

Important information can include:

• The defendant’s residential address;
• Employment;
• Family responsibilities;
• Length of residence in the community;
• Immigration status, where relevant;
• Prior criminal convictions and pending cases;
• Prior failures to appear;
• Medical or treatment information when legally relevant;
• Passport and travel information;
• Community ties; and
• Potential witnesses or other people who can provide useful information.

The attorney can then determine which information is relevant to the immediate court proceedings.

5. Be Prepared for the Bail Hearing

One of the most immediate concerns for a family after an arrest is whether the defendant will be released.

In New York State court, the judge may release a defendant without bail or impose a form of bail when authorized by law. The defense attorney has an opportunity to advocate for the defendant’s release.

Consequently, family members should not wait until the judge announces a bail amount before thinking about release arrangements.

An attorney may want information concerning the defendant’s:

• Stable residence;
• Employment;
• Family and community ties;
• History of appearing in court;
• Prior criminal history;
• Passport or international travel;
• Potential supervision or treatment arrangements; and
• People who can assist with transportation, housing, or supervision if necessary.

The precise information that matters will depend on the charges and the applicable law.

What if bail is set?

If bail is ordered, the family should immediately ask the defense attorney and court personnel what forms of bail are permitted and where bail must be posted.

In New York State Courts, bail may take different forms and that procedures for posting bail depend on the particular case and court. Cash bail and various forms of bail bonds are among the possibilities recognized under New York law.

Family members should also keep the original bail receipt and other documentation associated with the payment. New York Courts provides specific procedures concerning the return of bail money after the case concludes.

Most importantly, posting bail does not end the criminal case. The defendant must continue appearing in court as required. Failure to appear can result in a warrant and can have consequences for bail.

6. Do Not Discuss the Facts of the Case With the Police Without Legal Advice

Family members sometimes believe they can help by contacting detectives, prosecutors, alleged victims, witnesses, or other people involved in the investigation.

That can create unnecessary complications.

The defendant generally should not attempt to explain the case to law enforcement simply because the defendant believes that doing so will clear up a misunderstanding. A defense attorney should ordinarily be consulted before the defendant makes substantive statements about the allegations.

Likewise, family members should be cautious about contacting alleged victims or witnesses. Communications that seem harmless can potentially become evidence or create additional legal issues.

The safest approach is generally to let the defense attorney determine what communications, if any, are appropriate.

7. Preserve Potentially Important Evidence

Family members may possess information that could eventually be important to the defense.

This might include:

• Text messages;
• Emails;
• Photographs;
• Videos;
• Receipts;
• Travel records;
• Phone records;
• Social-media material;
• Employment records;
• Medical records;
• Location information; or
• Names and contact information for potential witnesses.

Do not delete, alter, destroy, or attempt to conceal potentially relevant information.

Instead, preserve the information and provide it to the defense attorney. The lawyer can determine whether it is relevant and how it should be handled.

8. Understand That the First Court Appearance Is Only the Beginning

An arrest does not mean that the defendant has been convicted, and an arraignment does not resolve the merits of the case.

If the defendant pleads not guilty, the case may continue through discovery, motions, hearings, grand-jury proceedings, plea negotiations, and potentially trial.

The defense attorney’s job is not simply to appear at arraignment and address bail. Counsel should begin evaluating the evidence, identifying potential defenses, investigating the circumstances of the arrest, and determining the best way to approach the case.

9. Why Early Representation Can Matter

The period immediately following an arrest can be especially important because the defense lawyer may be able to obtain information about the case before memories fade and evidence changes.

Early representation can also help the family avoid common mistakes, including:

• Missing the defendant’s court appearance;
• Failing to prepare for a bail application;
• Assuming that a state arrest is not connected to a federal investigation;
• Discussing the allegations with potential witnesses;
• Contacting an alleged victim;
• Destroying or deleting potentially relevant evidence; or
• Waiting until after arraignment to begin investigating the case.

A lawyer can also determine whether the person has been charged, is merely being investigated, or is potentially facing additional charges.

Contact a New York City Criminal Defense Attorney

When a friend or family member has been arrested in New York City, the most useful first steps are to locate the defendant, determine the charges and jurisdiction, contact an experienced criminal defense attorney, prepare for the arraignment, and gather the information necessary to address bail or another form of pretrial release.

New York State and federal criminal cases follow different procedures, and the distinction can be extremely important. A prompt consultation with counsel can help determine whether the case belongs in New York State court or federal court and what needs to be done before the defendant’s first appearance.

Matthew Galluzzo is a New York criminal defense attorney who represents individuals facing criminal charges in New York State and federal courts. If a friend or family member has been arrested in New York City, contacting an attorney promptly can help ensure that the defendant’s rights are protected from the earliest stage of the case.