Getting arrested is stressful. One moment you are free, and the next you are in police custody on the way to the precinct. For most people, the criminal court process is unfamiliar, and that uncertainty makes an already stressful situation worse. This is a step by step guide to what actually happens, written by a former prosecutor who has seen the process from the inside.
Step 1: The Precinct
After arrest you are taken to the precinct covering the arrest location. Processing includes fingerprints, photographs, property vouchering, and pedigree questions: name, date of birth, address. Answer those. Do not answer questions about the incident. The correct sentence is: "I want a lawyer. I am not answering questions without my lawyer." Then stop talking, including to other people in the cell.
Step 2: DAT or Central Booking
Two paths from the precinct. For many misdemeanors, police issue a desk appearance ticket and release you with a future court date. For everything else, you go to Central Booking in the borough of arrest to wait for arraignment. In Brooklyn that means the complex at Brooklyn Criminal Court, 120 Schermerhorn Street. The wait is long and uncomfortable. Arraignment typically happens within about 24 hours of arrest.
Step 3: Arraignment
Arraignment is your first appearance before a judge. The charges are read, a lawyer appears or is assigned, a plea is entered, and the judge decides release conditions. Depending on the case, the judge may also issue an order of protection, set supervised release conditions, or address bail where the law allows it. Under New York's bail rules, many misdemeanors and non violent felonies are not bail eligible, but the exceptions matter and preparation matters more. A lawyer who arrives with your employment, family, and community information makes a materially different arraignment presentation.
Step 4: The Case Begins
After arraignment, misdemeanors stay in the borough's Criminal Court. Felonies must be presented to a grand jury, and in Brooklyn they move to Kings County Supreme Court at 320 Jay Street after indictment. The defense work begins immediately: discovery demands under CPL Article 245, preservation letters for video, witness investigation, and the decision whether you should testify in the grand jury, which must be made within days.
Step 5: Motions, Hearings, and Resolution
Most cases are decided long before trial. Suppression motions challenge the stop, the search, the statements, and the identifications. Speedy trial motions under CPL 30.30 enforce the prosecution's deadlines. The outcome of those motions drives everything: dismissal, reduction, a favorable plea, or a trial the defense actually wants. This is where a lawyer's judgment earns its fee, and it is why choosing the right lawyer matters more than choosing quickly.
The Borough Matters Less Than You Think, and More
The process above is the same citywide. The practices are not. Each District Attorney's office has its own policies on charging, diversion, and pleas, and each courthouse has its own rhythms. Spahija Law appears in Brooklyn, Manhattan, Queens, the Bronx, and Staten Island, and Amel Spahija prosecuted in two of those boroughs before switching sides.
If Someone You Love Was Just Arrested
Find out the precinct, write down what you know, preserve any video or messages, and do not discuss the facts with police or the complainant. Then call counsel. Our guide to the first 24 hours after a Brooklyn arrest covers exactly what helps and what hurts. Spahija Law answers 24/7 at 646-453-4001 and consultations are free.
Frequently Asked Questions
How long can police hold you before arraignment in NYC?
Arraignment typically occurs within about 24 hours of arrest. Unreasonably prolonged detention can be challenged, and counsel can evaluate remedies if the delay becomes excessive.
What is the difference between a DAT and being held for arraignment?
A desk appearance ticket releases you from the precinct with a future court date. Being held means waiting in Central Booking for arraignment, usually within 24 hours. Both are real criminal cases.
Do I get a lawyer at arraignment?
Yes. If you have not retained counsel, the court assigns a lawyer at arraignment. Retained counsel who prepares before arraignment can present your background and fight release conditions more effectively.
Should I testify in the grand jury?
Sometimes it ends a case early, and sometimes it is a serious mistake. The decision must be made within days of a felony arrest and only with counsel who has evaluated the evidence.
Founder of Spahija Law and a former Assistant District Attorney in Brooklyn and Staten Island. Recognized by Super Lawyers Rising Stars 2026. Read Amel's full background or call 646-453-4001.