Criminal Defense Attorney New York: What To Do When Facing Charges (2026)

Facing criminal charges in New York is one of the most stressful situations you can encounter. This guide explains your rights under New York law, how the criminal process works step by step, how bail reform affects you, and how to find a qualified New York criminal defense attorney — so you can act fast and protect your future.

Updated: August 2026 · 8 min read

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What To Do Immediately After a New York Arrest

The hours immediately following an arrest are critical. New York law gives you specific rights — and its courts recognize an especially strong right to counsel — but only if you invoke them. Here is exactly what to do:

Stay calm and do not resist. Resisting arrest in New York is a separate charge (N.Y. Penal Law §205.30) that can make your situation significantly worse.
Invoke your right to remain silent. Say clearly: “I am invoking my right to remain silent and I want a lawyer.” Do not answer questions beyond providing your name and ID.
Do not consent to searches. Say: “I do not consent to any searches.” This preserves your Fourth Amendment rights even if officers proceed anyway.
Remember everything you can. Write down officer names, badge numbers, what was said, and circumstances as soon as possible — your attorney will need this.
Contact a criminal defense attorney before arraignment. In New York, arraignment should occur without unnecessary delay (courts generally expect within 24 hours of arrest). Getting representation before this hearing protects your release conditions under New York’s bail-reform rules.

The New York Criminal Court Process: Step by Step

Understanding how New York courts process criminal cases helps you know what to expect and where your attorney can have the most impact.

Arrest & Booking

Police take you into custody, document charges, fingerprint, and photograph you. You are held pending arraignment (New York courts generally expect arraignment within 24 hours of arrest).

Arraignment

A judge informs you of the charges and your rights, you enter a plea, and release conditions are set. Under New York bail reform, most misdemeanors and non-violent felonies require release on recognizance or non-monetary conditions — your attorney argues for the least restrictive conditions.

Grand Jury / Preliminary Hearing (Felonies)

For felonies, the case may proceed to a grand jury, which decides whether to indict. Your attorney can advise on whether you should testify and can challenge the sufficiency of the evidence.

Discovery & Pre-Trial Motions

New York’s discovery law (CPL Article 245) requires early, automatic disclosure of evidence. Your attorney can file motions to suppress evidence (CPL §710.20 for unlawful searches, stops, or statements) or dismiss the accusatory instrument.

Plea Negotiations

The large majority of New York criminal cases resolve with plea agreements. Your attorney negotiates for reduced charges, diversion, or lighter sentencing.

Trial

If no plea is reached, your case goes to a bench trial (judge) or jury trial. New York requires a unanimous 12-person jury verdict for most crimes (6 jurors for lower-level offenses in local courts).

Sentencing

If convicted, New York judges impose sentences within the statutory range for the offense class (Penal Law §70.00 et seq.). Your attorney presents mitigating evidence and can argue for probation, conditional discharge, or alternative sentencing.

New York Criminal Charge Levels & Sentencing

Level	Examples	Punishment Range
Violation	Disorderly conduct, harassment 2nd	Up to 15 days jail — not a crime, no record
Class B Misdemeanor	Some petit larceny, low-level offenses	Up to 3 months jail + fines
Class A Misdemeanor	First DWI, petit larceny, assault 3rd	Up to 1 year jail + fines
Class E Felony	Grand larceny 4th, some drug offenses	1–4 years state prison
Class C/D Felony	Robbery 2nd/3rd, assault 2nd	Up to 7–15 years (varies by class)
Class B Felony	Robbery 1st, some drug sales	Up to 25 years state prison
Class A Felony	Murder, major drug offenses	15 years to life / life without parole

Source: New York Penal Law. Sentences depend on offense class, prior record, and other factors; consult an attorney for your specific charges.

New York Bail Reform: Why Your Arraignment Matters

New York’s 2019 bail reform (effective 2020, amended in 2020, 2022, and 2023) fundamentally changed pretrial release. For most misdemeanors and non-violent felonies, judges must release defendants on their own recognizance or under the least restrictive non-monetary conditions — cash bail is not permitted. For qualifying offenses (many violent felonies and certain repeat or serious charges), judges retain discretion to set bail or remand.

Because so much is decided at arraignment, having a defense attorney present from the outset is one of the most consequential decisions you can make. An experienced New York attorney can argue for release on recognizance, supervised release, or the least restrictive conditions — keeping you out of custody while your case proceeds.

How To Choose a New York Criminal Defense Attorney

Not all defense attorneys are equal. When evaluating New York criminal defense lawyers, look for:

New York bar admission and criminal defense focus. Verify license status through the New York State Unified Court System attorney registration search.
Local court experience. An attorney who regularly appears in your county’s courts — whether Manhattan, Brooklyn, Queens, or upstate — knows the judges, prosecutors, and local procedures.
Trial experience. Ask specifically: “How many jury trials have you handled in the last two years?” You want someone willing and able to fight at trial if needed.
Experience with your specific charge. DWI, drug offenses, domestic violence, theft, and white-collar crimes each have distinct technical defenses.
Familiarity with New York discovery (CPL 245) and speedy-trial (CPL 30.30) rules. These statutes create powerful defense opportunities when the prosecution misses deadlines.
Transparent fees. Get the full fee agreement in writing before signing anything.

⚠️ Red Flags to Avoid

Attorneys who guarantee a specific outcome before reviewing your case
Pressure to pay a large retainer before a full consultation
No written fee agreement
Attorneys who will not discuss trial experience or case results

New York Cities: Find a Criminal Defense Attorney Near You

Law.AI has criminal defense attorneys in every major New York city. Find one near you:

New York City Criminal Defense Brooklyn Criminal Defense Buffalo Criminal Defense Rochester Criminal Defense Yonkers Criminal Defense Syracuse Criminal Defense

New York Criminal Defense FAQ

How long does a criminal case take in New York?

New York misdemeanor cases typically resolve in 2–6 months. Felony cases average 6–18 months and can take longer at trial. New York’s speedy-trial statute (Criminal Procedure Law §30.30) generally requires the prosecution to be ready for trial within 6 months for a felony, 90 days for a Class A misdemeanor, 60 days for a Class B misdemeanor, and 30 days for a violation — measured by prosecutorial readiness, not the calendar alone.

What is the difference between a felony, misdemeanor, and violation in New York?

New York has three main offense levels. Violations (such as disorderly conduct) are not crimes and carry up to 15 days in jail with no permanent criminal record. Misdemeanors are Class A (up to 1 year jail) or Class B (up to 3 months). Felonies range from Class E (least serious) to Class A-I (most serious, including murder), with state prison terms set by Penal Law §70.00 and related statutes. Because New York penalties escalate sharply by class, early legal representation matters.

How does New York bail reform affect my case?

New York’s 2019 bail reform (effective 2020, amended since) eliminated cash bail for most misdemeanors and non-violent felonies, meaning many defendants are released on their own recognizance or under non-monetary conditions. Judges may still set bail for qualifying offenses and, following 2022–2023 amendments, have more discretion for certain serious and repeat offenses. A New York criminal defense attorney can argue for release on recognizance or the least restrictive conditions at arraignment.

Can a criminal record be sealed in New York?

Yes. Under Criminal Procedure Law §160.59, many people with up to two convictions (only one of which may be a felony) can petition to seal their records 10 years after sentencing or release. New York’s Clean Slate Act (effective November 2024) also automatically seals many eligible misdemeanor and felony convictions after a waiting period — 3 years for misdemeanors and 8 years for felonies — provided the person has no new charges. Certain serious and sex offenses are excluded. A New York criminal defense attorney can determine whether your record qualifies.

Should I talk to police before hiring an attorney in New York?

No. You have the right to remain silent and the right to counsel under the Fifth and Sixth Amendments and the New York Constitution — which provides especially strong protections for the right to counsel. Clearly state “I am invoking my right to remain silent and I want a lawyer.” Questioning must stop once you unambiguously request an attorney. Anything you say before that can be used against you, so contact a criminal defense attorney before speaking with law enforcement.

How much does a criminal defense attorney cost in New York?

New York criminal defense fees vary by charge severity and region. Misdemeanor defense typically costs $2,500–$10,000. Felony defense ranges from $10,000–$35,000+, with complex or trial cases in New York City reaching $50,000–$150,000+. Many attorneys offer free initial consultations. If you cannot afford an attorney, the court must appoint counsel at no cost under the Sixth Amendment and Gideon v. Wainwright — in New York this is handled by public defenders, Legal Aid, or assigned 18-B counsel.

What should I do immediately after being arrested in New York?

Stay calm and do not resist arrest — resisting is a separate New York offense (Penal Law §205.30). Invoke your right to remain silent. Request an attorney immediately. Do not consent to searches. Write down everything you remember. In New York, you must generally be arraigned without unnecessary delay — courts have held this should typically occur within 24 hours of arrest — so contact a criminal defense attorney as soon as possible.

What are the penalties for a DWI in New York?

A first-offense DWI in New York (Vehicle and Traffic Law §1192) with a BAC of 0.08 or higher is a misdemeanor: up to 1 year in jail, fines of $500–$1,000 plus surcharges, a minimum 6-month license revocation, and a mandatory ignition interlock device. Aggravated DWI (BAC 0.18+) and repeat offenses carry steeper penalties, and a DWI causing serious injury or a second offense within 10 years can be charged as a felony. A DWI attorney can challenge the stop, the chemical testing, and DMV license actions.