By: Michael J. McConnell, New York Criminal Defense Attorney and Owner of the Law Office of Michael J. McConnell
Getting a call from a detective with the NYPD or having someone from the NYPD warrants squad banging on your door can be startling. You might not be sure what to do. They are telling you or someone you live with that you need to turn yourself in. Or maybe they are just telling you something like “we just want you to come down the precinct and talk to us, tell us your side of the story.” What should you do?
Most people think of hiring a criminal defense lawyer after an arrest has already taken place—when they’ve been handcuffed, brought to the precinct, and arraigned before a judge. But in some cases, you might have the chance to get a skilled criminal defense lawyer involved before an arrest happens.
Put simply, the sooner you have a trusted criminal defense attorney on your side, the more likely it is that your rights will be protected. There are things a lawyer can do for you right away – including before an arrest even takes place – that can have a major impact on the ultimate outcome in your case.
In this article, I will discuss how a New York City criminal defense attorney can help you from the moment you are first contacted by police to surrender voluntarily. After reading this article, you will have a better understanding of the types of things a thorough defense attorney can do for you prior to an arrest. And remember, the Law Office of Michael J. McConnell offers free consultations for all New York City criminal defense cases, so if you’ve been contacted by the NYPD about turning yourself in, you can give us a call right now to speak with a lawyer who will listen to you with compassion and help you come up with a gameplan to ensure your rights are protected.
Understanding the “Pre-Arrest” Stage in New York City
When the NYPD asks you to surrender, it typically means at least one of a few things:
- The police believe they have probable cause to arrest you.
- A warrant has been issued for your arrest.
- You are the target of an investigation and charges are being prepared.
- They are building a case against you and are hoping that you’ll make admissions before getting counsel that will help them obtain a conviction in court.
This stage is high stakes, but it is also an opportunity to get ahead of things with a trusted advocate by your side. Unlike the chaotic moment of a surprise arrest, you now have a golden opportunity to get a lawyer who can help you regain some control over the process.
The Danger of Surrendering to Police Without Getting a Lawyer First
If an NYPD detective contacts you, it is tempting to think: “If I just explain myself, this will go away.” That is almost never true. Anything you say, no matter how innocent it sounds, can and will be used against you. In fact, things that you think exonerate you might be twisted and turned against you to make you look guilty.
Here are 3 of the biggest risks of going in alone:
- Making incriminating statements under stress that make you look guilty.
- Being caught off-guard with unexpected questions and getting tripped up.
- Being placed under arrest without any strategy in place to pay bail if necessary.
On the other hand, if you immediately hire a lawyer once you are contacted by police and prior to going down the precinct, you totally change the dynamic. Instead of the police having the upper hand, they must now go up against an aggressive advocate who is bound to zealously fight for your rights and who knows the system, the process, and the law.
The Proactive Role of a Defense Lawyer Before Arrest
So, what exactly does a criminal defense lawyer do when you contact them before an arrest? Let’s break it down.
1. Controlling the Surrender Process
A proactive criminal defense lawyer will immediately contact the detective to take charge of your surrender. This is critical because you don’t want to be left vulnerable to an unexpected and humiliating arrest at work, at home in front of your family, or in public. There may also be certain days that work better for you to surrender than others, especially if you have work or childcare issues on certain days.
The steps your lawyer can take may include:
- Contacting the assigned detective to arrange a voluntary surrender at a convenient time.
- Coordinating so you can walk in with your lawyer by your side, which can credibly show to the judge that you are responsible and will be likely to return voluntarily to all future court dates without the need for high bail.
- Taking any appropriate action to move along the arrest process so that you are not in custody any longer than necessary.
- Invoking your rights such as your right to remain silent and not answer questions from police to ensure that that they cannot pressure you or trip you up into making statements that hurt you in court.
2. Gathering Information in Advance
While it is often thought that the police are the ones who need to investigate, the reality is that you are going to have a much better chance of a successful outcome on your case if your lawyer can do their own independent investigation.
During the pre-arrest stage, a criminal defense lawyer can prioritize learning as much as possible about the situation before you are brought into court. This can include speaking with witnesses, collecting evidence, sending letters of preservation, identifying exculpatory evidence, and more. All of these things can be essential to fighting the charges as a proactive approach is critical.
By gathering this information in advance, your lawyer can plan a strategic defense before you even step foot in an NYPD precinct or in court. In some cases, it might even be possible for your lawyer to have a better understanding of the facts of the case than the police or prosecutors, which can give you a massive advantage right from the start of your case.
3. Preventing Incriminating Statements
While we would like to think that the police will thoroughly investigate allegations and try to get to the actual truth, the reality is that they often just take the alleged victim’s word for it and make an arrest without doing a truly independent and thorough investigation. This leads them to essentially put blinders on and only see the things they want to see – which are the things that suggest you’re guilty.
Given that reality, it is important to remember that when the police contact you before an arrest to come in and speak with them, it is highly unlikely that they are actually going to fairly consider your side of the story. Instead, they just want to get certain pieces of information out of you to make you look guilty. Sadly, the police get away with doing this all the time when suspects don’t have counsel.
When you hire a lawyer first – as in immediately after you are first contacted by police and before saying anything to them about the alleged incident – you level the playing field. Your lawyer can speak with you privately and confidentially, evaluate the situation, and determine the next best moves.
Additionally, if something needs to be said to law enforcement, your attorney can determine the best strategy as if anything truly needs to be said it is always absolutely critical to do so at the right time in the proceedings. Timing really is everything.
Here are some of the ways that a criminal defense lawyer can help you avoid making incriminatory statements prior to your arrest:
- Notifying law enforcement that any and all communication must go through counsel. No contacting or speaking to the client without counsel present. Period.
- Advising you not to engage in “off-the-record” conversations with law enforcement as there really is no such thing as an “off-the-record” conversation. (Remember, anything you say can be used against you.)
- Protecting you from deceptive, misleading, and sometimes downright false tactics from the police that trick you into making a statement (i.e, “We just want your side of the story before making a decision” or something like that).
Having a strong barrier between you and law enforcement can mean the difference between the prosecution having a weak case versus a strong one. In fact, the weaker the case, the more law enforcement needs you to speak with them. An experienced criminal defense lawyer will know when the police seem to have a weak case and can help explain to you why it is so critical in your particular case to remain silent.
4. Bail and Pretrial Release Strategy
In New York, the decision about bail happens at your arraignment, which is the first court appearance after your arrest. You will typically first appear in court within 24 hours after your arrest unless you are given a Desk Appearance Ticket (DAT) that allows you to voluntarily show up to your first court appearance on some future date.
When you have not hired an attorney before your arrest, you are at risk of being brought into that courtroom somewhat unprepared. While a lawyer can be assigned to you at your arraignment, the problem is that the assigned lawyer will only have a brief time to speak with you and get ready for your arraignment. In contrast, if you have hired a lawyer before your arraignment, they will be walking into that courtroom with the benefit of advance preparation, which can make a huge difference.
Here’s why:
A proactive lawyer that you hired in advance of your arrest and arraignment can:
- Prepare strong arguments based on bail reform laws. For example, is your charge bail eligible? If so, what are the best arguments that you are not a risk of flight? Are there also arguments that the prosecutor has a very weak case or has charged more serious offenses that are not really supported by the allegations? These are just some of the considerations that a thorough attorney will do before your arraignment to help secure your release and avoid pre-trial detention.
- Help getting family or friends to support you in court. If you have people there in the audience for you, that can help show that you have “strong community ties” and are thus unlikely to flee from prosecution, which is one of the considerations judges must evaluate when deciding whether to set bail or not. I find that more often and not, family members are very eager to support their loved one at arraignment. The issue, however, is that if they don’t have enough advance notice (or any notice at all), they will not be able to be there. One of the things a lawyer hired early enough can do for you is to coordinate with your family about this prior to and during the arrest process.
- Negotiate with the DA in advance for a recommendation of release or minimal bail. While the arrest to arraignment process can be hectic and thus often makes this difficult or impracticable to do, there are situations where it does work. It is important to keep in mind that the prosecutor asking for bail has limited information from the police. Sometimes if your attorney can provide additional information to them, they might be willing to negotiate a different condition of release such as supervised release or electronic monitoring rather than high bail. Or if they insistent on monetary bail conditions, perhaps they might be willing to agree to a lower amount.
A lawyer who is hired in advance of an arrest gains a major tactical advantage by being able to fully prepare for arraignment. Especially in serious cases that are bail eligible, the more time a lawyer has to fully investigate, speak with their client, interview witnesses, talk to family members, and perhaps even research case law that could apply to the facts of your case, the better they are going to be able to make a strong argument for your release.
5. Starting Negotiations with the Prosecutor
Especially in non-violent cases and/or those that involve a lengthy pre-arrest investigation (i.e., fraud and other white-collar cases), there can be a major opportunity for a lawyer to negotiate with the DA’s Office before charges are filed.
The options here can really vary depending on the nature of the allegations, type of investigation, the agency involved, the particular prosecutor, and more. In a best case scenario, a lawyer might be able to persuade a prosecutor that charges should not be brought because the evidence is insufficient. If the prosecutor is adamant about bringing charges, the lawyer might be able to get the prosecutor to charge lesser offenses than they initially were considering either due to some mitigating factor or simply because the case has some serious holes. Sometimes it might even be possible to work out a favorable plea agreement prior to the arrest, which can relieve a client of the uncertainty of what is going to happen once they are brought into court.
The bottom line here is that this level of representation is only possible when an attorney is brought into the case early – and of course will only apply in limited types of cases (typically those involving lengthy investigations for non-violent offenses).
6. Preparing the Client
There is no sugar coating the reality that an arrest and subsequent criminal prosecution is always going to be stressful, perhaps even downright humiliating and overwhelming.
One of the things I enjoy most about being a criminal defense lawyer is the opportunity to guide my clients and give them at least some sense of calmness and clear direction. Obviously, the legal strategy on any case is super important, but preparing your client emotionally, mentally, logistically, and practically is just as critical.
Things a lawyer can do prior to an arrest to help their client handle the mental and emotional aspect of the criminal justice process can include:
- Explaining step-by-step what will happen during the surrender, arrest processing, and arraignment.
- Advising on what personal items to bring with them and what items to leave behind.
- Helping arrange for childcare, job notifications, or transportation needs.
- Emphasizing the importance of courtroom demeanor and presentation to make a good impression.
This level of preparation eases anxiety and prevents mistakes made under stress. It is way too easy to overlook some of these things, but they often go a long way in helping a client through one of the most difficult times of their entire life.
The Cold Hard Truth: Prosecutors and Judges Respect Proactive Representation
It is easy to overlook this, but common sense makes it obvious that police, prosecutors, and judges can tell right away when someone has a proactive and diligent criminal defense lawyer. It makes a great impression to have someone representing you who can take charge, aggressively defend the case from day one, and go to bat for their client.
When you line up an attorney before an arrest, you start your case off strong. You signal strength, professionalism, and seriousness. You show that you are not going to run and hide. You make clear that your defense is going to be organized, strategic, and strong.
Of course, none of this guarantees leniency or a favorable outcome. Yet basic logic tells us that a better prepared and proactive defense is going to be better than a less prepared and reactive one.
In many ways, it is just like sports: while the better prepared team doesn’t always win, they often have the best shot. Just as you would not want your favorite football team to take their chances by failing to prepare for a game, so too should you not want to risk having an unprepared legal defense. Far too much is at stake to not be prepared.
Hiring a Lawyer Before an Arrest Helps You Avoid These Four Key Mistakes
One slip up leading up to your arrest can sink you in court. Hiring a lawyer to guide you through this process can help you avoid these most common pitfalls:
- Mistake 1: Talking to law enforcement without a lawyer present.
- Mistake 2: Posting about the case or incident on social media.
- Mistake 3: Talking to the alleged victim or trying to contact them.
- Mistake 4: Incorrectly assuming the police and prosecutors have your best interests and will “go easy” on you if you “cooperate” with them.
The key here is this: anything that needs to be done on your case before, during, or after your arrest is best done through your lawyer. They will have the knowledge, training, and experience to know what information needs to be shared, who needs to be contacted, and how to deal with law enforcement – including prosecutors. Doing this alone without a lawyer comes with extreme risk. When your life, liberty, and reputation is on the line, that is often too big of a risk to take as one slip up can totally sink you.
Final Thoughts
Getting contacted by an NYPD detective or the warrants squad is scary, but remember that it is also a tremendous opportunity for you to quickly engage a criminal defense lawyer who can protect your rights.
During this short window, the right lawyer can aggressively and proactively begin fighting for you. This can include negotiating a better surrender date, gathering evidence, advising you of key rights (such as your right to remain silent), preparing an argument for your release at arraignment if the alleged offense is bail eligible, and more.
So if you’re wondering: what do I do if I’ve been contacted by the NYPD to turn myself in? The best movie is to call a criminal defense lawyer immediately. That way you are better prepared and protected to build a strong defense.
Worried about an arrest in NYC and need to speak with a criminal defense lawyer right now? Give attorney Michael J. McConnell a call right now at (914) 810-0510 for a free consultation or schedule your meeting here.