An arrest can turn an ordinary day into hours of uncertainty. You may not know when you will be released, what charges will be filed, or when you can return home. Although every case is different, most Nassau County arrests follow a general process from police custody through arraignment and the first stages of a criminal case.
Booking and Police Processing
After an arrest, police generally take the person to a precinct for processing. Depending on the charge, officers record identifying information, take fingerprints and photographs, check for outstanding warrants, and prepare arrest paperwork. They may also search the person and inventory personal property.
Police may ask questions before or during this process. You have the right to remain silent and request an attorney. Providing basic identifying information is different from answering questions about the alleged offense. Trying to explain what happened without legal advice can create statements that prosecutors later use as evidence.
For some offenses, police issue a desk appearance ticket instead of holding the person for an immediate court appearance. The ticket provides a future arraignment date and must not be ignored. Receiving one does not mean the case will disappear.
The Arraignment
If the person remains in custody, the next major step is arraignment. This is the first appearance before a judge. The defendant is informed of the charges, the right to counsel is addressed, and the judge considers release conditions. In a misdemeanor case, the defendant may also enter an initial plea, which is commonly not guilty.
Under New York’s release laws, many defendants must be released on their own recognizance or under nonmonetary conditions unless the case involves an offense for which bail is permitted. When bail is authorized, the judge considers factors such as the charges, the defendant’s history, financial circumstances, and risk of flight.
The court can also issue an order of protection restricting contact with another person or access to a home, workplace, or other location. Violating the order can lead to a new arrest, even if the protected person initiated the contact.
Which Nassau County Court Handles the Case?
The Nassau County District Court in Hempstead handles misdemeanors, violations, and the early stages of felony cases. It also arraigns defendants accused of felonies.
A misdemeanor case can remain in District Court through motions, negotiations, hearings, or trial. A felony case may move to Nassau County Court after a grand jury returns an indictment. The charges filed at arraignment are not always the charges that remain at the end of the case.
What Happens After Arraignment?
The case then enters its pretrial stage. The prosecution must provide discoverable material under New York law. This evidence can include police reports, body-camera footage, recorded statements, photographs, witness information, and test results.
A defense attorney reviews the evidence and investigates how it was obtained. The attorney may examine whether police had a lawful basis for the stop, whether a search was valid, and whether officers respected the defendant’s rights. When appropriate, the defense can ask the court to suppress unlawfully obtained evidence or statements.
The parties may also discuss dismissal, reduced charges, or a plea agreement. A plea should not be accepted simply to end the stress of the case. A conviction can bring consequences involving incarceration, probation, fines, driving privileges, immigration status, employment, or a criminal record. The right approach depends on the evidence and the client’s priorities.
What Should You Do After Release?
Follow every release condition and order of protection. Save your court papers, write down what you remember, and preserve relevant texts, photographs, videos, receipts, and location records. Do not discuss the case on social media or contact witnesses without guidance from your attorney.
Missing a court date can result in a warrant. Confirm your next appearance with counsel and report any changes to your contact information.
Contact Diskin Litigation PLLC Today
An arrest is not a conviction, and the early stages of a case can shape what happens later. Attorney Neil Diskin works directly with clients and prepares each criminal matter with the possibility of a hearing or trial in mind.
If you or someone you know has been arrested in Nassau County, contact Diskin Litigation PLLC promptly. Our team can review the charges, answer your questions, and begin protecting your rights before important decisions are made.