Arrested in New York? Free 24/7 Criminal Defense Line

Criminal Defense in New York — what to do right now

Right now, do two things. First, say only nine words to police: 'I am going to remain silent. I want a lawyer.' Then stop talking — about the case, on the jail phone (those calls are recorded), to cellmates, to anyone but your attorney. Second, if you got a Desk Appearance Ticket (DAT) instead of being held, do NOT ignore it — that's a real criminal charge with a real return date in a New York criminal court, and missing it can trigger a bench warrant. Call 1-844-690-0555 and we'll walk you through exactly what your charge means in New York and what your next move is. This is legal information, not legal advice, and the call creates no attorney-client relationship.

The law in New York: Criminal Defense

New York grades crimes by class, and the class controls almost everything. Felonies run from class E (up to 4 years) up through class A (up to life); misdemeanors are class A (up to 364 days in jail — capped at 364, not 365, by the 2019 amendment to Penal Law 70.15 specifically to soften immigration consequences) or class B (up to 90 days); and a 'violation' like disorderly conduct under PL 240.20 (up to 15 days) is not a crime at all and leaves no permanent criminal record. The sentencing framework lives in Penal Law Article 70 — PL 70.00 for felonies, PL 70.15 for misdemeanors. Where your case is heard depends on the charge and the county: in New York City, misdemeanors and arraignments run through the New York City Criminal Court while felonies move up to the Supreme Court, Criminal Term; outside the city, the County Court is the felony trial court, with City, District, and Town & Village Justice Courts handling lesser matters.

Watch the trial-court name — it trips up almost every out-of-state defendant. In New York the 'Supreme Court' is a trial court, not the highest court (that's the Court of Appeals in Albany). So an indictment landing you in 'Supreme Court' does not mean your case went to the top of the system; it means you're charged with a felony in New York's general trial court.

Two 2019–2020 reforms reshaped the early case and are heavily defense-favorable. Bail reform (CPL 510.10 and 530.40) made money bail the exception: for most misdemeanors and non-violent felonies a judge must impose the least restrictive non-monetary condition reasonably necessary to secure your return to court, and for many charges cannot set cash bail at all — money bail is reserved for enumerated 'qualifying offenses' listed in CPL 510.10(4). New York also has no preventive-detention / 'dangerousness' standard for most cases; conditions exist to secure your return to court, not to judge whether you're a threat. Discovery reform (CPL Article 245) welded automatic, open-file discovery to the speedy-trial clock: the prosecution generally cannot validly state 'ready' under CPL 30.30 until it files a Certificate of Compliance certifying it has turned over the material in its possession.

Those speedy-trial clocks have teeth. Under CPL 30.30 the People must be ready within 6 months on a felony, 90 days on a class A misdemeanor, 60 days on a class B misdemeanor, and 30 days on a violation, measured from commencement of the action and reduced by excludable time. Blow the clock — including by sitting on discovery — and the case can be dismissed on motion. Separately, if you can't afford a lawyer you have a statutory right to assigned counsel under County Law Article 18-B for any charge that can put you in jail; you do not have to face arraignment alone.

Key Statutes

Penal Law Art. 70 — sentencing (PL 70.00 felonies, 70.15 misdemeanors, 70.02 violent felonies)
PL 70.06 / 70.08 / 70.10 — second-felony, persistent-violent, and discretionary persistent-felony enhancements
PL 35.15 — justification / self-defense, with New York's duty to retreat
CPL 30.30 — speedy-trial 'readiness' clock; CPL Art. 245 — automatic discovery + Certificate of Compliance
CPL 510.10 / 530.40 — bail and qualifying offenses; CPL 160.57 — Clean Slate automatic sealing

Courts & Agencies

NYC Criminal Court — misdemeanors, violations, arraignments (five boroughs)
Supreme Court, Criminal Term — felony trial court in NYC (yes, 'Supreme' = trial level)
County Court — principal felony trial court in the 57 counties outside NYC
Youth Part — 16–17 'Adolescent Offender' felony cases; a part of Supreme/County Court, presided over by a Family Court judge (Raise the Age)
NY Office of Indigent Legal Services (ILS) — funds and oversees public defense statewide

Penalties & Deadlines

Felonies: class A up to life; B up to 25 yrs; C up to 15; D up to 7; E up to 4
Misdemeanors: class A up to 364 days; B up to 90 days; violation up to 15 days (not a crime)
Arrest-to-arraignment: holding past ~24 hours is presumptively unnecessary delay (Maxian)
CPL 30.30: 6 months felony / 90 days A-misd / 60 days B-misd / 30 days violation
Clean Slate sealing: most misdemeanors 3 years after sentence/release, most felonies 8 years after release

In New York, the DA's paperwork can be your best defense

Here's what blindsides people: in New York, missed deadlines and undisclosed evidence routinely sink cases that look airtight. Since the 2019 reforms, prosecutors must turn over their file early and file a Certificate of Compliance under CPL Article 245 before they can even validly state they are 'ready' for trial — and that readiness is what stops the CPL 30.30 clock (6 months on a felony, 90 days on a class A misdemeanor). If the DA is late or the discovery is incomplete, the clock keeps running, and a judge can dismiss the whole case on motion. Most defendants never realize the strongest argument may be procedural, not factual. Before you assume you're stuck, call 1-844-690-0555 and we'll explain how these clocks actually work in New York. Information, not advice.

Likely outcomes & penalties

Every case turns on its own facts, the class of the charge, and your record — but here is the realistic exposure New York attaches to common situations. This is general information, not a prediction about your case.

Violation (e.g. disorderly conduct, PL 240.20)

Up to 15 days, but commonly resolved with no jail and — critically — no permanent criminal record, since a violation is not a 'crime' in New York. Often the target outcome of a good negotiation.

Class A misdemeanor (e.g. petit larceny, third-degree assault)

Up to 364 days in jail and/or up to 3 years probation (PL 65.00), plus a fine up to $1,000 (PL 80.05). The 364-day cap exists to limit immigration fallout. Many first-time cases resolve well below the max.

Felony (class E to A)

Class E up to 4 years, climbing to class B up to 25 years and class A up to life. Violent felonies under PL 70.02 carry determinate terms with mandatory minimums; non-violent felonies may allow probation or a split sentence.

Record relief (Clean Slate, CPL 160.57)

Most misdemeanors auto-seal 3 years after sentencing or release; most felonies 8 years after release — no petition needed — provided no new conviction or pending case and you're off probation/parole. Sex offenses and most non-drug class A felonies are excluded.

Mistakes to avoid

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Talking to police, detectives, or co-defendants without a lawyer — in New York the jail phone is recorded, 'just explaining your side' rarely helps, and the right move is to say you're remaining silent and want a lawyer, then stop.

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Treating a Desk Appearance Ticket as a minor slip you can ignore — a DAT is a genuine criminal charge with a return date in a New York criminal court, and missing that date can produce a bench warrant for your arrest.

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Assuming 'stand your ground' applies — New York is a duty-to-retreat state under PL 35.15, so outside your own home you generally must retreat from deadly force if you can do so with complete safety; the Castle Doctrine lifts that duty only inside your own dwelling, and only if you weren't the initial aggressor.

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Letting the DA's discovery deadlines slide unnoticed — under CPL Article 245 and CPL 30.30, late or incomplete disclosure can be the very thing that gets a New York case dismissed, and you can miss it if no one is watching the clock.

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Pleading guilty fast to 'just get it over with' without checking the collateral hit — a quick plea can trigger deportation for a non-citizen (your lawyer's Padilla duty exists for exactly this), cost firearm or professional-license rights, and foreclose better options.

How it works

Call the free hotline. Dial 1-844-690-0555 from anywhere in New York, any hour. It's free, there's no income test and no web form, and you can speak in plain English or Spanish. Call it tonight, before you talk to anyone about the case.

Talk to an AI assistant trained on New York + federal law. It listens to your situation and explains, in plain terms, what your charge means here — arraignment, bail under CPL 510.10, DATs, the CPL 30.30 clock, Raise the Age, Clean Slate. This is legal information, not legal advice, and the call creates no attorney-client relationship.

Get matched with a New York attorney if you want one. If your situation calls for a lawyer, we can help you book a paid consultation with a New York-licensed criminal defense attorney — arranged through the call. No pressure, no instant online checkout; just a clear next step when you're ready.

Free & low-cost Criminal Defense help in New York

If you can't afford a private attorney, New York has a deep public-defense network — and for any charge that can lead to jail, you have a statutory right to assigned counsel under County Law Article 18-B. These organizations are free and genuinely focused on criminal defense; our hotline can help you figure out which one fits your county and charge. We are not a law firm or a public defender, and we don't provide legal advice.

The Legal Aid Society (Criminal Defense Practice)

The largest public defender in New York City, representing people in criminal cases across all five boroughs — trial defense, appeals, and post-conviction work.

New York County Defender Services (NYCDS)

Free trial-level criminal defense in Manhattan's Criminal and Supreme Courts for people who can't afford a lawyer.

Brooklyn Defender Services (BDS)

Public defender for Brooklyn, with integrated criminal, immigration, and family defense for clients facing charges in Kings County.

The Bronx Defenders

Holistic public defense in the Bronx — criminal defense alongside immigration, housing, and family advocacy under one roof.

NY State Office of Indigent Legal Services (ILS)

State agency overseeing public defense statewide; a starting point for finding your county's public defender or 18-B assigned-counsel office outside NYC.

New York State Defenders Association (NYSDA)

Statewide directory of public-defender and assigned-counsel offices, county by county, for criminal cases anywhere in New York.

Immigrant Defense Project

Defense-side support on the immigration consequences of a New York conviction under federal law — essential for non-citizen defendants weighing any plea (the Padilla issue).

FAQ — Criminal Defense in New York

I was just arrested in New York — how long can the police hold me before I see a judge?

Under CPL 140.20, police must bring an arrestee to arraignment without unnecessary delay, and in People ex rel. Maxian v. Brown New York's highest court treated holding someone more than about 24 hours as presumptively too long; absent a good explanation, you're entitled to release. In practice arraignment can still take many hours. For a plain-English walkthrough of what to expect and do meanwhile, call 1-844-690-0555 — free, 24/7.

What's the difference between a misdemeanor and a felony here, and how much jail am I facing?

In New York a class A misdemeanor carries up to 364 days, a class B up to 90; felonies run from class E (up to 4 years) to class A (up to life), with violent felonies under PL 70.02 carrying determinate terms. The class drives your whole exposure. Tell our free hotline your charge at 1-844-690-0555 and we'll explain the range that attaches to it — information, not advice.

I got a Desk Appearance Ticket instead of being held. Is that a big deal?

Yes — a DAT is a real criminal charge with a real return date in a New York criminal court, not a parking ticket. Since the 2019 reforms, DATs are presumptive for many lower offenses, but ignoring one can trigger a bench warrant. Don't guess about what your DAT means; call 1-844-690-0555 and we'll explain your charge and the date you must not miss. The call creates no attorney-client relationship.

Will the judge set bail, or do I get out without paying?

Under New York's bail reform (CPL 510.10), for most misdemeanors and non-violent felonies a judge must impose the least restrictive non-monetary condition reasonably necessary to secure your return and often cannot set cash bail at all — money bail is reserved for enumerated 'qualifying offenses' in CPL 510.10(4). New York also has no general 'dangerousness' detention standard. To understand where your charge falls, call our free line at 1-844-690-0555.

Can I get a free lawyer in New York if I can't afford one?

Yes. For any charge that authorizes jail, you have a statutory right to assigned counsel under County Law Article 18-B, and New York has a strong public-defender network — Legal Aid, NYCDS, Brooklyn Defender Services, The Bronx Defenders, and county defenders upstate. We are not a public defender ourselves, but our hotline can help you find the right office for your county. Start with a free call to 1-844-690-0555.

I heard New York cases get dismissed over discovery deadlines — is that real?

It's real. Under CPL Article 245 and CPL 30.30, prosecutors must turn over their file and file a Certificate of Compliance before they can validly state they're 'ready'; if they're late or incomplete, the speedy-trial clock keeps running and a judge can dismiss the case on motion. It's one of the more defense-favorable discovery regimes in the country. Call 1-844-690-0555 to hear how the clock works.

I defended myself and got charged. Does New York have 'stand your ground'?

No. New York is a duty-to-retreat state under PL 35.15: before using deadly force outside your home, you generally must retreat if you know you can do so with complete safety. The Castle Doctrine removes that duty only inside your own dwelling, and only if you weren't the initial aggressor. Self-defense is fact-specific and serious — call 1-844-690-0555 for free information on how it's evaluated here.

My teenager (16 or 17) was arrested. Are they treated as an adult?

Not as a regular adult. Under Raise the Age, 16- and 17-year-olds charged with misdemeanors generally go to Family Court, while felony cases start as 'Adolescent Offender' matters in the Youth Part — a part of the superior court presided over by a Family Court judge — with many cases removed to Family Court absent extraordinary circumstances. Police must notify a parent or guardian. For a plain-English explanation of where your child's case goes, call 1-844-690-0555.

I'm not a U.S. citizen. Can a New York conviction get me deported?

It can. Many New York convictions trigger deportability or inadmissibility under federal immigration law (decided in federal immigration court, EOIR, not state court), which is part of why the 364-day misdemeanor cap exists and why your lawyer has a duty under Padilla v. Kentucky to advise you on immigration consequences before any plea. Never plead without weighing this. Call 1-844-690-0555 for free information, and we can help you reach defense-side immigration resources.

Can I clear or seal my New York record later?

Often, yes. Under the Clean Slate Act (CPL 160.57), most eligible misdemeanors are automatically sealed 3 years after sentencing or release and most felonies 8 years after release — no petition required — as long as you have no new conviction or pending case and you're no longer on probation or parole. Sex offenses and most non-drug class A felonies are excluded. Call 1-844-690-0555 to learn whether your conviction may qualify.

Are you a New York criminal defense attorney?

We send frightened, ready-to-act New Yorkers to our free hotline every day, and many need a private defense lawyer for arraignment, bail arguments, CPL 30.30 and discovery motions, or trial. If you're licensed in New York and practice criminal defense — in NYC, on Long Island, or upstate — you can join our referral network and receive matched clients. This is a path for attorneys only; it never competes with the free help above.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Arrested in New York? The first 24 hours decide everything.