Charged with a Crime in New Jersey?

Being arrested for a criminal offense can be daunting and confusing, and the process difficult to navigate. In the event of an arrest, every individual should understand their legal options and rights under New York City and state law and the U.S. Constitution. If you have been accused of a crime in New York City, an experienced attorney from Rosenblum Law will fight to protect your rights and ensure your case is adjudicated fairly.

In this article, we discuss what someone needs to know after being arrested in New York City, including the bail process, types of criminal offenses someone can be charged with, the criminal process, the accused’s rights during a criminal trial, and other key aspects of New York City criminal defense law. 

What you need to know after being arrested

The police will make an arrest if they have probable cause that the suspect committed a crime. When someone is in police custody in New York City, they have the right to make a phone call and to speak with an attorney. 

Under the Fifth Amendment, criminal defendants also have the right to “plead the Fifth”, meaning they are allowed to remain silent and not answer any questions that may be self-incriminating. The police will ask for the individual’s personal information, including their:

• Name
• Date of birth 
• Address

It is important to cooperate, because failure to provide basic information can delay the process.  

Generally speaking, it is not a good idea to sign any documents, answer any questions, or make any statements relating to the alleged crime without the guidance of an attorney. Regardless of a police officer’s attempt to convince the accused to give a statement, refraining from answering is crucial, otherwise the information may be used against them. The accused should state their wish to speak with an attorney, after which the police are required to end their questioning. 

In the initial processing, a record will be made of the arrest through fingerprinting and a mugshot. If the defendant is accused of a felony, at this point a grand jury will determine if there is enough evidence to support the charges. If the grand jury finds enough evidence for the case to proceed to trial, an indictment will be issued that will list the charges being brought against the accused.

Arraignment

The accused will then be arraigned, which is the process of being brought before a judge for a formal reading of the charges. The arraignment will usually occur within 24 hours of the arrest. In this initial hearing, the defendant is informed of their charges and rights. The judge then decides if the defendant will be released or detained in prison. 

Arrangements for the defendant’s attorney are made at that time. If the individual cannot afford an attorney, they will be provided one at no cost to them. The attorney may try and negotiate a plea agreement to avoid a trial.

Bail

Bail is the payment of cash or an insurance policy (bond) for the release of the defendant. Its purpose is to ensure the defendant will attend their future court hearing. 

If the defendant cannot afford to pay the bail amount, they can often purchase a “bail bond.” In New York City, judges will normally set bail in most violent felony cases and other serious cases such as witness intimidation or tampering, class “A” felonies like murder, sex crimes, and certain conspiracy crimes. 

Once the defendant posts bail, their court date will be assigned. The defendant will be detained in jail if they are unable to post bail. For nonviolent felonies and misdemeanors, a judge can release the defendant “on their own recognizance” (i.e. without bail), and the individual will receive appearance reminders from a pretrial agency or the court. 

If the defendant is deemed a flight risk, the judge will seek to ensure they return to court through non-monetary conditions, such as travel restrictions or supervision by a pretrial agency such as the department of probation. A judge will evaluate the defendant’s ability to post bail or obtain a bond through the examination of their financial circumstances. In New York City, a judge cannot consider the dangerousness of a defendant when deciding conditions for release.

What Happens at Trial?

If the case goes to trial, the prosecutor will present evidence purporting to show the defendant is guilty of the crimes charged. While a criminal defendant is not required to present a defense (as the burden of proof is on the prosecutor), a wise defendant will hire private counsel to defend them at trial. The judge decides what evidence can be presented to the jury and also instructs the jury on the legal requirements for conviction on the charged offense(s). 

The jury then deliberates and attempts to arrive at a unanimous decision. If the defendant is unanimously found not guilty, they are usually free to go home. A guilty defendant is sometimes held until sentencing and sometimes released until sentencing. 

If the jury cannot reach a unanimous decision, the judge declares a mistrial and the defendant is free to go, but the prosecutor can bring the case again if they wish (with certain limitations).

First-Time Offenders and Sentence Reductions

Upon conviction, a first-time offender may be eligible for certain reductions in their sentence. In New York City, probation rather than jail may be an option in a felony case when the defendant is a first-time offender. 

There are other options for people arrested without a criminal record. They may be eligible for an adjournment in contemplation of dismissal, meaning the case is adjourned, or suspended, for a certain period of time. This usually involves a condition such as community service hours.

First-time offenders may also be eligible for rehabilitation or counseling. For example, Alternative to Incarceration Programs or New York’s Judicial Diversion Program provide rehabilitation and supportive services to clients so they can avoid jail and seek treatment. 

First-time offenders may also be allowed to offer restitution or payment to the victim for any financial losses. Restitution may help the defendant avoid jail time and is usually made in conjunction with community service or other fines. 

It’s important for a defendant to hire an attorney to help ensure that the defendant receives a reduction in their sentence, and/or is admitted to the Alternative to Incarceration Program or the Judicial Diversion Program.

Consequences of a Criminal Conviction

A criminal conviction in New York City can have many consequences: 

Immigration Status

A non-U.S. citizen who has been convicted of a crime may be subject to detention or deportation by Immigration and Customs Enforcement (ICE). An immigrant who has traveled outside the U.S. may also face difficulty re-entering the country. A lawful immigrant may also lose their citizenship status. 

For these reasons, it is important to speak to an attorney about how one’s case could cause ICE to detain or deport them. 

Public and Private Housing

In New York, when a person is arrested for a crime and lives in public housing, they and their family may be at risk of eviction even without proof of guilt. However, the New York City Housing Authority is required to consider the circumstances of an arrested person before evicting them. When applying for public housing, the Housing Authority may overlook an applicant’s criminal record if there is evidence that they have changed since their conviction. 

In private housing, a landlord may try to evict someone who is arrested on a criminal charge, especially if it is a drug-related charge. The eviction process can be delayed or fought by hiring a lawyer. Under the federal Fair Housing Act, a landlord with more than four apartments cannot refuse to rent to all people with criminal records.

Employment

An employer can decide not to hire someone with a criminal record. However, under the Fair Chance Act (FCA), an employer must evaluate other factors as well, such as positive information in their favor and the seriousness of the crime. 

One’s criminal history is not accessible until after they have been offered a job. Most employers cannot fire a person pending arrest or a conviction unless there is a direct risk to the employment facility or the other workers. 

A criminal conviction can also make it difficult to:

• travel 
• obtain insurance or financing (loan, mortgage)
• adopt a child 
• hold public office 
• have a professional license (e.g. law degree)

Sealing of Criminal Records

The State of New York is one of the strictest states when it comes to clearing one’s criminal record. However, state law does allow certain convictions to be sealed. This means the record of the crime still exists, but all related fingerprint cards, DNA samples, and booking photos are returned to the defendant or destroyed. 

The Clean Slate Act (Assembly Bill A01029C and Senate Bill S07551-A) attempts to prevent people with certain criminal histories from being discriminated against in employment opportunities. The law states that eligible misdemeanor convictions will be sealed “at least three years” after the individual’s “release from incarceration or the imposition of a sentence if there was no sentence of incarceration.” For felony convictions, the period is “at least eight years after” the individual’s release. If someone is convicted of another crime before a prior felony conviction is sealed, the beginning of the subsequent conviction starts the period for sealing the prior conviction. 

There are some crimes that sealing doesn’t apply to, including Class A felonies under New York penal law (except for certain offenses involving bribery) and sex offenses. In addition, sealed convictions may be accessed where “relevant and necessary.” This includes, for example, criminal background checks that are legally required for certain licenses and occupations involving the protection of children or other vulnerable people.  

Under the Clean Slate Act, someone who had a conviction sealed may bring a private lawsuit against another individual who discloses the conviction. To collect damages under this provision, the disclosing individual must have owed a duty of care to the person with the sealed conviction, knowingly and willfully breached that duty, and caused injury as a result of the disclosure. In addition, the law says that the breach of that duty must have been a “substantial factor” in the events that caused the injury suffered by the person with the sealed conviction.  

FAQs

Why Hire Rosenblum Instead of Using a Public Defender

Handling a criminal case is difficult and consequential, and it can be overwhelming. A convicted person deserves a lawyer with the time, resources, and dedication necessary to achieve an optimal outcome. 

With more than 100 years of combined experience and a 97% success rate across all practice areas, clients can feel confident in their decision to choose Rosenblum Law. A 15-year A+ rating by the Better Business Bureau demonstrates the firm’s commitment to each of its clients. Every case is assigned to a skilled attorney and a full-time case manager to ensure each client has the best representation possible. Plus, we offer flexible payment plans, remote consultations, and in-person consultations.

If an agreement cannot be reached to reduce the charge or dismiss the case, an experienced, prepared, and committed Rosenblum Law attorney will advocate for the defendant at trial. A public defender is often overloaded with cases and will be unable to provide this same level of specialized individual support. In addition, once a defendant has been assigned a public defender, it is very difficult to replace them with a different public defender, even if they feel their interests are not being protected. 

If you’ve been arrested, call Rosenblum Law immediately. We will provide you with the best possible representation.

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