Straight answers to the questions people ask most.
General information about criminal charges in New York. Every case is different, so treat this as a starting point, not legal advice.
Should I talk to the police or investigators before I get a lawyer?
Speak to an experienced attorney first. No matter what the police tell you (they can lie to you), you do not have to speak to them. If the police start asking you questions, politely tell them you want to be cooperative and request their contact information so that your attorney can contact them. Requesting a lawyer does not mean you have something to hide or that you did something wrong, even if the police say otherwise.
Even if you are only a witness, you may unintentionally provide information to law enforcement that is harmful to you or to someone you care about. The safe thing to do is to call an experienced attorney, who can contact the police to find out why they want to speak to you. Then you can make an informed decision, with the benefit of legal counsel, on whether you should speak to the police.
What happens to me if I am arrested?
You will be handcuffed, your body searched, and brought to the police station where you will be fingerprinted, a mug shot will be taken and your biographical information (name, date of birth, height, weight, etc.) will be entered into law enforcement’s systems. Law enforcement will then check to see if you have a criminal record, whether there are any orders of protection in effect, and whether there are any outstanding warrants for your arrest.
The police may try to ask you questions about the charges. If they do, you should politely decline to answer and request to speak to an attorney.
Depending on the charge, you may be given a desk appearance ticket (DAT) to appear in court at a future time or you may be brought before a Judge for an arraignment.
The Police/prosecutor may release your mug shot and information about the charges to the media and the police may post your mug shot and information about your arrest on their Facebook and social media pages.
If an experienced attorney can get involved early, they may be able to avoid a number of these stressful and embarrassing steps and get you or your loved one released as quickly as possible.
If you have been arrested, it is critical that you:
- Do not resist or be disrespectful.
- Do not answer any questions or talk besides requesting to speak to a lawyer.
- Do not give consent for law enforcement to search your car, phone, home, or possessions even if police claim that they’ll “just get a warrant” or it will make things more difficult for you. Say nothing or at most, politely say “Not until I can consult with a lawyer.”
What happens after a grand jury indictment in Saratoga County?
After an indictment, you are arraigned, enter a plea, and the court may set bail and/or conditions of release. The indictment is not a conviction, only a formal allegation. The case then moves through discovery, motions and toward trial. Indicted felonies in Saratoga County are typically arraigned in County Court in Ballston Spa.
