Misdemeanor Arrest
Felony New York
Active Arrest Warrants

Misdemeanor Arrest and Felony New York

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What to do if you have been arrested...

If you are stopped or arrested by police for anything fromdriving while intoxicated to shoplifting, there are some important things to keep in mind. KNOW YOUR RIGHTS. According to the American Civil Liberties Union (ACLU), you want to make sure you do the following:

• Try to stay calm
• Do not argue with law enforcement officials
• Think carefully about what you say. Remember, anything you say can be used against you in a court of law
• Try not to complain at the scene and tell police they are wrong. It can only make a bad situation worse
• Ask for a criminal lawyer and talk to no one but your lawyer
• The ACLU recommends getting names of witnesses and/or arresting officer names or badge numbers and writing everything down ASAP

For more information about protecting your rights go to"Flex Your Rights"or call a skilled New York Criminal Lawyer at 877-529-6399.

Criminal prosecution begins with an arrest and ends at a point before, during or after trial. An Arrest occurs when police officers take a suspect into police custody (although some offenses, such as traffic violations, do not result in suspects being taken to jail).

The majority of misdemeanor arrest and felony New York criminal cases end when the defendant accepts a plea bargain offered by the prosecution. In a plea bargain, the defendant chooses to plead guilty before trial to the charged offenses, or to lesser charges in exchange for a more lenient sentence or the dismissal of related charges.

A police officer may arrest a person if:

• the officer observes the person committing a crime
• the officer has probable cause to believe that a crime has been committed by that person
• the officer makes the arrest under the authority of a valid and active arrest warrants

After the felony or misdemeanor arrest, the police books the suspect. When the police complete the booking process, they place the suspect in custody (go to our services page to learn more about bail and the booking process). If the suspect committed a minor offense, the police may issue a citation to the suspect with instructions to appear in court at a later date.

What are the protections under the U.S. Constitution?
A defendant has the right to:

• remain silent
• competent counsel
• confront his/her accuser
• be free of cruel and unusual punishment

What is probable cause?
You can be arrested (felony or misdemeanor arrest) without a warrant if law enforcement believes there is probable cause.Generally probable cause exists when there is enough evidence to cause a reasonable person to believe the accused has committed the crime in question.In other words if the police have evidence that you have or are about to commit a crime, then they have probable cause to make an felony or misdemeanor arrest.

Understanding the Miranda Warning
Under to the Fifth Amendment, after the police detain a criminal suspect, they must read you the Miranda warning or your Miranda rights, which at the minimum must be:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”

In some cases the police will state the following:

You have the right to remain silent and refuse to answer questions. Do you understand?

Anything you do say may be used against you in a court of law. Do you understand?

You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?

If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?

If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?

Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Felony New York and Misdemeanor Arrest
Active Arrest Warrants Information
877-529-6399

Arrest Warrants and Search Warrants
There are two basic types of warrants that may be issued by a judge:

• arrest warrants
• search warrant

An arrest warrant gives the police the authority to make an arrest of a particular person for a particular crime.If police have reasonable suspicion that a crime was committed, then they can make an arrest without a warrant. If you are arrested, law enforcement can search you and the area around you (meaning they can check and search the area within an arms length ) to find evidence they think is related to the crime.

If you are arrested without a warrant (referred to as warrantless arrest), you are entitled to a timely hearing to see if there is enough evidence to be formally charged with a crime.Even if there is not enough evidence at the time and you are released, it is still possible for you to be arrested for the same crime at a later date.

If a search warrant is issued, it is usually carried out at the discretion of the police (note: the warrant may indicate when the search is to be conducted).The police are expected to announce when they enter the premises being searched unless they think evidence may be destroyed or lost.Everyone in the premises will be detained during the search pending the completion of the search.Ifevidence is found and there is probable cause to believe people detained had something to do with the crime, they may be arrested and charged with the crime for which the search was issued.

If the police dont have a warrant and you give them permission to search you, your Fourth Amendment rights are waived and the search is considered legal.Any evidence found during this search can be used against you. However, it is illegal if you do not consent to the search. It is a violation of your Fourth Amendment rights, which protects you from illegal searches and seizures.

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

(for more information about protecting your rights go to www.flexyourrights.org or call 202-986-0861).

Felony New York and Misdemeanor Arrest
Active Arrest Warrants Information
877-529-6399

Active Arrest Warrants Information

How do I find out if I have any active arrest warrants?
A few things to keep in mind if you think that you might have active arrest warrants out on you.The last thing you should do is ask a police officer because he/she will have grounds to arrest you immediately. We recommend using this confidential and discrete arrest warrant resource.

Is it a good idea to check?
Yes. It is good to find out of you have any active warrants. Also, you could be the victim of identity theft (very common these days) where someone has stolen your identity and committed a crime in your name. If this has happened to you then you could have many active arrest warrants in different places. This is an awful situation to be in and very difficult to prevent.

If you want more information on misdemeanor arrest and felony New York please call 877-Law-NewYork or contact us.

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Felony New York and Misdemeanor Arrest, Active Arrest Warrants Information
877-529-6399