Most of arrested persons may have never envisioned themselves in the Criminal Justice System. Hence, they are not prepared for it. However, you should be aware of do’s and don’ts, your rights in case... For more details please contact Paul Petrus at 212.564.2440 and visit: http://www.petruslaw.com/

1. AFTER YOU HAVE BEEN
ARRESTED
IN
NEW YORK
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350 Fifth Avenue, Suite 3601
New York, NY 10118
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Email: paul@petruslaw.com

2. Most of arrested persons may have never envisioned themselves in
the Criminal Justice System. Hence, they are not prepared for it.
However, you should be aware of do’s and don’ts, your rights in
case...
WHEN YOU HAVE BEEN ARRESTED
IN NEW YORK
Disclaimer: www.petruslaw.com
The tips in this presentation are general in nature. Please use your New York Criminal Defense Lawyer
discretion while following them. The author does not guarantee legal Phone: 212.564.2440
validity of the tips contained herein. paul@petruslaw.com

3. When you have been arrested in New York
Know the process
The police will take your photograph
and fingerprints.
They will complete paperwork related
to your arrest.
The police may issue you a Desk
Appearance Ticket (D.A.T.)
www.petruslaw.com
New York Criminal Defense Lawyer
Phone: 212.564.2440
paul@petruslaw.com

4. When you have been arrested in New York
What is DAT?
A desk appearance ticket (DAT) is an
order to appear in county court for an
arraignment.
You are deemed to be under arrest
from an administrative standpoint.
You report to arraignment on the date
shown on the DAT.
DAT is discretion of the police.
www.petruslaw.com
New York Criminal Defense Lawyer
Phone: 212.564.2440
paul@petruslaw.com

5. When you have been arrested in New York
DAT benefits
With DAT issued, you avoid actual
arrest, booking, and incarceration
before your arraignment.
You are under arrest but not under
detention.
www.petruslaw.com
New York Criminal Defense Lawyer
Phone: 212.564.2440
paul@petruslaw.com

6. When you have been arrested in New York
Is DAT your right?
DAT is discretion of the police. You can’t
claim it as your right.
If you are
•properly identified,
•have no outstanding warrants and
•are not considered a threat to the community,
the police may issue DAT.
The police may not issue DAT in cases
related to family members or serious in
nature.
www.petruslaw.com
New York Criminal Defense Lawyer
Phone: 212.564.2440
paul@petruslaw.com

7. When you have been arrested in New York
You need arraignment if…
If you are charged with a felony (a
crime for which may receive a year or
more in jail), or
arrested and not given a D.A.T.
www.petruslaw.com
New York Criminal Defense Lawyer
Phone: 212.564.2440
paul@petruslaw.com

8. When you have been arrested in New York
The Arraignment
Arraignment is a formal reading of a
criminal complaint in the presence of
the defendant to inform the defendant
of the charges against him or her.
In response to arraignment, the
accused is expected to enter a plea like
"guilty", "not guilty", etc.
www.petruslaw.com
New York Criminal Defense Lawyer
Phone: 212.564.2440
paul@petruslaw.com

9. When you have been arrested in New York
At the arraignment
You are formally charged.
The Court will decide that bail is
required.
If the Court does not set bail, you are
released on your own recognizance.
If the judge decides that you cannot be
trusted to return to court without some
encouragement, the judge may set bail.
www.petruslaw.com
New York Criminal Defense Lawyer
Phone: 212.564.2440
paul@petruslaw.com

10. When you have been arrested in New York
Bail is discretionary, your past counts
The decisions to set bail and the
amount of bail to set are discretionary,
and depend on three factors:
 prior criminal history,
 the seriousness of the felony, and
 community ties of the accused.
www.petruslaw.com
New York Criminal Defense Lawyer
Phone: 212.564.2440
paul@petruslaw.com

11. When you have been arrested in New York
Hire a defense attorney
The chances of your being released will
increase if you appear at the
arraignment. Knowing the process and
how to defend you in your case, a good
defense attorney may help you in
Getting released without bail, or
A reduced bail amount
www.petruslaw.com
New York Criminal Defense Lawyer
Phone: 212.564.2440
paul@petruslaw.com