Were you arrested?
Reach out to Anike Law.

If there is a warrant for your arrest, or if you have been arrested, it is critical that you request an attorney. You should know: Every criminal defendant that is charged with a crime is presumed innocent. It is the burden of the district attorney or U.S. Attorney to prove that you are indeed guilty of the offense you have been charged with. In criminal law, guilt must be proven beyond a reasonable doubt. Being arrested under probable cause doesn’t mean you will be convicted by a judge or jury — and an experienced attorney can make a huge difference in the outcome.

If Police Want to Talk, Continue Requesting a Lawyer

Have you been contacted by police and asked to visit the local precinct for questioning? If so, it is crucial to bring a New York criminal lawyer with you at the beginning of this process. This holds true even if the police say they only want to ask you a few questions. This may be a way for the police to get you in the door — and it is not uncommon for an arrest to follow.

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If you have been arrested and the police want to speak further, you should continue to request a lawyer and then remain silent under Fifth Amendment protection. Staying silent does not indicate guilt. Please be aware: The police are allowed to lie to you and promise to “cut deals” that they have no authority to do, so there is very little advantage to communicating. We recommend that you listen for your Miranda Rights to be read/recited to you and take note of when that happens so that you can tell your attorney how/when your rights were read/recited to you.
 

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Should I Hire a Lawyer Before My Arraignment ?

You are entitled to have an attorney present and represent you throughout the proceedings, but you must exercise your right to counsel by telling the prosecutor or police officer that you do not want to answer any questions until you have an attorney with you.

After your arrest, your first court appearance will be for your arraignment. It is monumentally helpful if you have already retained the expert services of an attorney prior to your arraignment, because the attorney can guide you and answer-case specific questions.

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Bail is set at your arraignment. This is also the time where it is decided whether you will be detained or released. That’s why it is in your best interest to arrange for legal representation prior to the arraignment.

Frequently Asked Questions

What should I do if the police are trying to take me into custody?