Understanding Criminal Charges in Queens: What Happens After an Arrest?

 

Understanding Criminal Charges in Queens: What Happens After an Arrest?

Being arrested in Queens, New York is a frightening and overwhelming experience—especially if it’s your first encounter with the criminal justice system. Many people walk out of a police precinct confused, scared, and unsure of what comes next. Questions race through their minds: Am I going to jail? Will I have a criminal record? What should I do now?

As a criminal defense lawyer practicing in Queens, I’ve seen firsthand how stress and misinformation can make an already difficult situation worse. This guide is written to help everyday people understand what really happens after an arrest in Queens and what steps they should take to protect themselves.

Whether you or a loved one has been arrested, knowing the process can make a critical difference in the outcome of your case.

1. What Does an Arrest in Queens Actually Mean?

An arrest means that the police believe they have probable cause to think you committed a crime. It does not mean you are guilty. In New York, every person is presumed innocent until proven guilty in court.

After an arrest, the police take you into custody so they can:

  • Identify you

  • Process the alleged offense

  • Decide whether to issue a ticket or hold you for court

Arrests in Queens are typically handled by the NYPD, and your case will eventually be assigned to Queens Criminal Court in Kew Gardens if charges are filed.

2. Booking and Processing at the Police Precinct

After an arrest, you will be taken to a police precinct for processing. This process can take several hours and includes:

  • Fingerprinting

  • Photographs (mugshots)

  • Background checks

  • Paperwork detailing the alleged charges

During this time, you may be placed in a holding cell. It is common for people to feel pressured to explain themselves. This is a mistake.

Important Reminder:

You have the right to remain silent. You are not required to answer questions without a lawyer present. Anything you say can be used against you later.

3. Desk Appearance Ticket (DAT) vs. Being Held in Custody

After processing, the police will decide one of two things:

A. Desk Appearance Ticket (DAT)

For many non-violent misdemeanors and violations, you may receive a Desk Appearance Ticket. A DAT allows you to go home and return to court on a scheduled date.

Common DAT offenses include:

  • Petit larceny

  • Minor drug possession

  • Certain assault charges

  • Harassment

  • Criminal mischief

Even though a DAT feels like a “break,” it is still a criminal case. Ignoring it or failing to appear in court can result in a bench warrant for your arrest.

B. Held for Arraignment

For more serious charges—such as violent crimes, repeat offenses, or felonies—you may be held in custody until you see a judge.

If you are held:

  • You will likely spend the night in jail

  • You will be brought before a judge at Queens Criminal Court

  • Bail or release conditions will be decided

4. The Arraignment: Your First Court Appearance

The arraignment is the first formal step in your criminal case. This usually happens within 24 hours of arrest if you are held, or on your DAT date if you were released.

At the arraignment:

  • The judge formally reads the charges

  • You are informed of your rights

  • Bail or release conditions are set

  • A temporary order of protection may be issued

  • A future court date is scheduled

Bail, Release, or Remand

New York bail laws have changed significantly in recent years. Many charges are now non-bail eligible, meaning the judge must release you without bail.

However, for certain cases, the judge may:

  • Set cash bail

  • Require a bond

  • Release you under supervision

  • Remand you to custody (rare but possible)

Having a defense lawyer present at arraignment can greatly impact this outcome.

5. Understanding the Charges Against You

Criminal charges in Queens fall into three main categories:

Violations

  • Not crimes under NY law

  • Punishable by fines or short jail sentences

  • Examples: Disorderly conduct, harassment (non-criminal)

Misdemeanors

  • Criminal offenses punishable by up to one year in jail

  • Examples: Assault (3rd degree), petit larceny, DWI

Felonies

  • Serious crimes punishable by more than one year in prison

  • Examples: Drug sales, robbery, felony assault, gun charges

The severity of the charge affects everything—bail, penalties, and long-term consequences.

6. Orders of Protection: What You Need to Know

In many Queens criminal cases—especially domestic violence or harassment cases—the court will issue an Order of Protection at arraignment.

This order may:

  • Prevent contact with a specific person

  • Require you to stay away from a home or workplace

  • Apply even if the other person doesn’t want it

Violating an order of protection is a new criminal charge, even if the protected person contacts you first. These orders must be taken extremely seriously.

7. Discovery and Evidence in Queens Criminal Cases

After arraignment, the prosecution is required to share evidence with the defense. This is known as discovery.

Discovery may include:

  • Police reports

  • Body camera footage

  • Surveillance video

  • Witness statements

  • Lab reports

  • 911 recordings

New York’s discovery laws are strict. If the prosecution fails to comply, your attorney may be able to:

  • File motions

  • Exclude evidence

  • Seek dismissal of charges

This stage is critical and requires careful legal review.

8. Court Dates, Motions, and Case Strategy

Most criminal cases in Queens involve multiple court appearances. During this time, your lawyer may:

  • File motions to suppress evidence

  • Challenge the legality of the arrest

  • Negotiate with prosecutors

  • Investigate witnesses

  • Prepare for trial

Many cases are resolved without trial through dismissals or negotiated resolutions, but no two cases are alike.

9. Plea Bargains vs. Trial: Making the Right Decision

At some point, the prosecution may offer a plea deal. This involves pleading guilty in exchange for reduced charges or penalties.

A plea bargain may:

  • Avoid jail time

  • Reduce a felony to a misdemeanor

  • Minimize long-term consequences

However, not every plea offer is fair. Accepting the wrong deal can affect:

  • Employment

  • Immigration status

  • Professional licenses

  • Housing opportunities

A Queens criminal defense lawyer’s job is to explain your options clearly so you can make an informed decision.

10. Possible Outcomes of a Queens Criminal Case

Criminal cases can end in several ways:

  • Dismissal of charges

  • Adjournment in Contemplation of Dismissal (ACD)

  • Violation or misdemeanor plea

  • Trial verdict

  • Conditional discharge or probation

  • Incarceration (in serious cases)

The outcome depends on:

  • The evidence

  • Your criminal history

  • The skill of your defense

  • Prosecutorial discretion

11. Why Early Legal Representation Matters

One of the biggest mistakes people make is waiting too long to hire a lawyer. Early legal intervention can:

  • Protect your rights during questioning

  • Influence bail decisions

  • Preserve favorable evidence

  • Prevent unnecessary charges

  • Improve negotiation leverage

Even before your first court date, a lawyer can begin working on your defense.

Final Thoughts: Knowledge Is Power After an Arrest

An arrest does not define you, and it does not mean your life is over. The Queens criminal justice system is complex, but with the right guidance, many people successfully move forward without lasting damage.

Understanding what happens after an arrest is the first step toward protecting your future.

Are You Looking for a Trusted and Professional Criminal Lawyer in Queens, New York?

If you or a loved one has been arrested in Queens, New York, you don’t have to face the criminal justice system alone.

Queens-Probatelawyer, led by Richard Cary Spivack, is committed to protecting the rights of individuals facing criminal charges in Queens. As an experienced criminal defense lawyer in Queens, Richard Cary Spivack provides strategic, personalized, and aggressive criminal defense representation focused on achieving the best possible outcome for every client.

📞 If you’re looking for trusted criminal defense lawyer in Queens, now is the time to act. Contact Queens-Probatelawyer today to schedule a confidential consultation and take the first step toward protecting your freedom, your record, and your future.

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