Quick Answers: Just Been Arrested in New York

Direct answers to the questions people actually type into a search bar in the first hours after an arrest, each one linked to the full explanation if you need more than the short version.

• Do I need a lawyer at arraignment in New York?

  Yes, and New York guarantees one at arraignment for anyone who can't afford private counsel. That guarantee doesn't extend to the hours before arraignment, which is a separate gap. See The Hours Before You Get a Lawyer.

• Can I go to work after being arrested in New York?

  If you're released, on your own recognizance or after posting bail, there's no general legal bar on going to work while a case is pending, unless a specific court-ordered condition, like a stay-away order or travel restriction, says otherwise. Check your release conditions directly.

• What happens if I miss a court date in New York?

  A missed court date can result in a bench warrant for your arrest, even for a minor charge. A separate bail jumping charge only attaches if you don't appear voluntarily within a specific statutory window. If a date is going to be missed for a real reason, illness, transportation, an emergency, contact the attorney of record before the date, not after. See What Happens If You Miss a Court Date in New York?

• Can police stop and frisk me without a reason in New York?

  No. CPL 140.50 requires reasonable suspicion for a stop, and a separate reasonable suspicion for a frisk. A 2013 federal court ruling found the NYPD wasn't meeting that standard for years. See Can NYPD Stop and Frisk You Without a Reason?

• Is bail always required after an arrest in New York?

  No. Since New York's bail reform, most misdemeanors and non-violent felonies are no-cash-bail cases. A narrower list of more serious and repeat charges remain bail-eligible. See How Bail Actually Gets Set in New York After Bail Reform.

• Is there a deadline for how long my criminal case can take in New York?

  Yes, CPL 30.30 requires prosecutors to be ready for trial within a set window based on the charge, but it's a calculation full of exclusions, not a printed date. See How Long Can New York Take You to Trial? CPL 30.30 Speedy Trial Rules Explained.

• Will an arrest show up on a background check even if I'm never convicted?

  An arrest that doesn't lead to a conviction is generally eligible for sealing, and in many cases is sealed automatically. See Does a Conviction Actually Show Up on a Background Check in New York?

• What is a diversion program, and does it apply to me?

  A diversion program resolves a case outside standard prosecution if specific conditions are completed, often without a conviction ever being entered. It's not offered automatically. See our full restorative justice guide for the exact questions to ask.

• I got a Desk Appearance Ticket in New York City. Is there a diversion option before my court date?

  Often yes. Project Reset lets many people with a DAT for a low-level, non-violent misdemeanor complete a short community-based program instead of being prosecuted at all. It has to be raised the same day the ticket is issued, not the week of court. See What Is Project Reset in New York?

• What is an ACD, and is it the same as a diversion program?

  Not exactly the same, but it works similarly: complete a clean adjournment period and the case is dismissed and sealed, with no conviction and no admission of guilt. See What Is an ACD in New York?

• Will pleading guilty affect my immigration status?

  It can, for both felony and, in some cases, misdemeanor pleas, and the standard courtroom warning is a formality, not a full explanation. See Will Pleading Guilty Affect Your Immigration Status in New York?

• Can I get a public defender if I have a job?

  Eligibility is based on financial need, not simply whether you're employed. Many working people still qualify. Ask the court directly at arraignment, the screening happens there.

• How much does a private criminal defense lawyer cost in New York?

  It depends heavily on the charge, whether the case goes to trial, and the attorney's experience. See How Much Does a Criminal Defense Lawyer Actually Cost in New York? for real ranges and the exact question to ask before signing a fee agreement.

• Can a conviction still block a job or license years later?

  Yes, unless it's been sealed or a Certificate of Relief from Disabilities has been granted. The certificate removes the automatic legal bar without erasing the conviction itself. See Certificate of Relief from Disabilities in New York.

• What's the difference between a Family Court and a criminal court order of protection?

  A Family Court order comes out of a civil case aimed at stopping the abuse. A criminal court order comes out of a case the District Attorney is actually prosecuting, and it's a condition that can be attached to bail or release. Violating either one is its own separate crime. See How a Criminal Court Order of Protection Actually Works in New York.