If you're arrested in New York, the single most important thing to remember is this: you have the right to remain silent, and you should exercise it. Beyond providing your name and basic identification, you are under no obligation to answer questions from law enforcement. Politely but firmly state that you wish to speak with an attorney before answering any questions.
You have the right to an attorney at every critical stage of the criminal process. If you cannot afford an attorney, one will be appointed to you. However, a retained private attorney — one you choose and hire — typically provides more focused attention, more frequent communication, and more aggressive advocacy than an overworked public defender.
After arrest, you must be arraigned — formally charged before a judge — within 24 hours (or the next court session). At arraignment, the judge will inform you of the charges, set bail or release conditions, and you'll enter an initial plea. Having an attorney at arraignment is critical, as bail arguments and initial legal strategy begin here.
New York's discovery reform laws require prosecutors to disclose their evidence early in the case — typically within 35 days of arraignment for felonies and 15 days for misdemeanors. This includes police reports, witness statements, body camera footage, lab results, and any exculpatory evidence. Your attorney will review all of this material to build your defense.
Many criminal cases in New York are resolved through plea negotiations rather than trial. An experienced defense attorney evaluates the strength of the prosecution's evidence, identifies weaknesses in their case, and negotiates for reduced charges or alternative sentencing when appropriate. Sometimes the best outcome is a plea to a lesser charge; sometimes it's taking the case to trial.
If you or someone you know has been arrested in Syracuse or Central New York, contact Attorney Cerio immediately. Same-day consultations and jail visits are available. Call (315) 565-6032.
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