Frequently Asked Questions

Faga Savino, LLP believes in educated clients. Click on the questions below for answers to the most commonly asked questions.

What are my rights if I am arrested?

When making an arrest without a warrant, a police officer must tell you the reason for the arrest, unless you are in the act of committing the crime or are being chased.

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What is an arrest warrant?

A warrant for an arrest is a process issued by a court. It may be executed on any day of the week and at any hour of the day or night. The police officer must tell you that he is acting under the authority of a warrant. He also must show you the warrant, if you ask, and give you a chance to read it either at the time of the arrest, if it is in his possession, or as soon as he obtains it.

If you refuse to let him in, a police officer with an arrest warrant may break open a door or window to gain entrance, after he has given you notice of his authority and purpose or without notice if he reasonably believes that you will escape, destroy evidence or that notice will endanger him.

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Can I be arrested without a warrant?

A police officer may arrest you without a warrant if:

  • He has reason to believe that a crime, violation, or offense is being committed or attempted in his presence.
  • He has reason to believe that you committed a crime although not in his presence. Crimes include felonies and misdemeanors.
  • He has reason to believe that a private person lawfully arrested you.

When making an arrest without a warrant, a police officer must tell you the reason for the arrest unless you are in the act of committing the crime or are being chased. In any arrest without a warrant, a police officer may chase you beyond his precinct or assigned area.

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Can a police officer use force?

If you resist an arrest, the police officer may use all necessary means to arrest you, including force.

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Can I be questioned without being arrested?

The law permits a police officer to approach any person in a public place to request information if he reasonably suspects that you are committing, have committed, or are about to commit a crime. He may demand to know your name, address, and an explanation of your actions.

You are not required to answer. The right to remain silent is guaranteed you by federal and New York State constitutions.

When you are lawfully arrested, you may be searched. In addition, the immediate area surrounding your arrest may be searched.

If you are held for questioning by a police officer and he reasonably suspects that he is in danger, he may search you for weapons or instruments that could cause serious injury.

If the officer finds a dangerous weapon during the search, he may keep it until he finishes questioning you. If he does not arrest you, he must give you back the weapon (provided you have a permit to carry it). If the police officer, while searching you for dangerous weapons, finds anything else on you that is a crime to possess, he may take it and arrest you for possessing it.

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When are search warrants used?

In all situations, police officers need a warrant to search you, except where the search is incidental to a lawful arrest or under other specific circumstances where the search may be justified by law.

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Can anything unlawfully taken by the police later be used as evidence against me?

A search warrant is an order in writing signed by a judge directing a police officer to search a certain place and/or person for specified property and to bring that property to court. The warrant must describe the place and/or person to be searched and the property to be searched for.

The police officer has to show the search warrant and give notice of his authority or purpose before making entry and beginning to search. However, the warrant may authorize the police to break in and search without notice. A police officer can break in if you refuse to admit him after being given notice.

Anything unlawfully taken by the police may not later be used as evidence against you.

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What are my rights if I am arrested?

If you are taken into police custody (this includes juveniles) you have the following rights:

  • You have a right to telephone your lawyer or to telephone your friends or family in order to notify them of your arrest.
  • You have a right to speak with your lawyer at the place where you are being held.
  • You have a right to remain silent. This means you can remain completely silent or answer some questions and not others.
  • Before the police question you, they must tell you
    • Of your right to remain silent
    • That any statement you make may be used as evidence against you
    • That you have a right to first speak with a lawyer and, if you wish, to have a lawyer present when you are being questioned.
  • The police must tell you that if you want to speak with a lawyer before questioning and you cannot afford a lawyer, one will be assigned without cost to you. The questioning must stop until you have a lawyer.
  • If you agree to allow the police to question you and they begin, you may still change your mind and ask for a lawyer before the police continue the questioning.
  • You have a right to have your lawyer present if you are placed in a police line-up.




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What happens if I am arrested?

When you are arrested for felonies or misdemeanors, a record is made of your arrest. You will be fingerprinted and photographed. If you are found not guilty or the case is dismissed, you may apply for return of your fingerprints and photographs and the sealing of the record of that case.

If personal property or money is taken from you, you must be given a receipt showing the amount of money or the kind of property taken.

Once you are arrested and booked, you must be taken to court without unnecessary delay. If the court is not then open, you may be held in custody until it is open.

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What are my rights to a lawyer?

Your right to have a lawyer is a fundamental one at every stage of a criminal proceeding.

If you appear in a court without a lawyer, the judge must allow you a reasonable time to find one before proceeding with the case—usually a few days. In addition, the judge must tell you of your right to use the telephone or to send a letter free of charge to get a lawyer and to tell a relative about your arrest. If you waived your right to counsel earlier and now decide you want one, you may exercise your right at this stage.

Depending on the local plan in effect for providing a lawyer in such cases, you may get a private attorney, or you may be assigned someone from a legal aid society. A public defender will be assigned if your community has one.

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Do you have more questions?

Call Faga Savino, LLP at 914-592-0601 and our attorneys will provide answers.

This information, which is based on New York law, is intended to inform, not to advise. No one should attempt to interpret or apply any law without the aid of an attorney who knows criminal law and court rules, because the facts of each individual case are different and may change the application of the law.

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