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New York: how a case moves

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A New York case moves through seven stages, from the first police contact to sentencing. Below is each stage in order, then the time limits that apply and what to avoid. The steps are the same ones our What happens next tool shows.

Current as of November 11, 2026. We re-check this page regularly and after any rule change.

Mikhail Usher stands to address the court while Alex Susi sits at the defense table

The stages, in order

Your case may not pass through every stage, and a lawyer who knows your charge can tell you which ones apply. Read them in order, because what you can do changes at each one. If you want to pick your stage and see only the steps that fit, use the What happens next tool.

  1. Under investigationSay clearly that you want a lawyer and will not answer questions; staying silent alone may not be enough. [1]If you are in custody and say you want a lawyer, police questioning must stop until a lawyer is present. [2]You are protected against unreasonable searches, and a search warrant needs probable cause sworn under oath. [3]If officers arrive with a warrant, stay calm, don't resist, ask for a copy and call your lawyer.Call a lawyer now, before any interview, so the lawyer can deal with the police for you.
  2. ArrestedAfter an arrest without a warrant, the police must bring you before a local criminal court without unnecessary delay and file the charge. [4]Ask for a lawyer and say nothing about the case; once you ask, police questioning must stop. [2]Police generally need a warrant to search the data on a phone taken at the arrest. [5]Family can call a lawyer now so one is ready for the first court appearance.
  3. ArraignedAt arraignment the judge tells you the charges, and you have a right to a lawyer there and at every later stage. [6]On a felony complaint you have a right to a prompt hearing on whether the evidence is enough to hold the case, which you may waive. [6]You can testify before the grand jury only if you serve written notice on the district attorney before an indictment is filed. [7]The prosecution must hand over its initial discovery within a set number of days after arraignment. [8]Your lawyer reviews the papers with you and starts building the defense file.
  4. ChargedYour lawyer reads the indictment with you and explains each count.The prosecution must complete initial discovery within 20 days of arraignment if you are held, or 35 days if you are not. [8]Your lawyer files pretrial motions, for example to challenge evidence, within the time the law sets. [9]
  5. Plea offerYour lawyer goes over the offer with you, line by line, before any decision.Before indictment on a felony complaint, the prosecution must give you the discovery before a plea offer expires. [10]Ask your lawyer what the offer would mean for your record, your job and your immigration status.
  6. TrialThe prosecution must be ready for trial within a time set by the level of the charge, not counting excluded periods. [11]Your lawyer prepares the defense with you and goes over how each trial day works.You have the right to a speedy and public trial by an impartial jury, to confront the witnesses and to a lawyer. [12]No one can force you to be a witness against yourself. [13]
  7. After sentencingIf you want to appeal, a written notice of appeal must be filed within 30 days after the sentence. [14]Follow every term of the sentence or probation exactly, and keep proof that you did.Ask your lawyer about record sealing and any immigration effects of the conviction.

Deadlines

These are the time limits the tool shows for New York. Some apply only if you are held in custody, and they are labeled that way. Time often runs from a date on your own paperwork, so give every paper you receive to your lawyer.

Arraigned

  • If you are not held in custody: Initial discovery is due no later than 35 calendar days after arraignment when you are not in custody; it can be stayed up to 30 more days in listed situations. [8] (as of November 11, 2026)
  • If you are held in custody: If you are held on a felony complaint for more than 120 hours (144 if a weekend or holiday falls in that time) with no hearing begun and no indictment, you can ask to be released on recognizance, subject to the statute's exceptions. [15] (as of November 11, 2026)
  • If you are held in custody: Initial discovery is due no later than 20 calendar days after arraignment when you are in custody; it can be stayed up to 30 more days in listed situations. [8] (as of November 11, 2026)
  • If you are held in custody: If you are held more than 45 days (30 for a juvenile or adolescent offender) after being held for the grand jury with no grand jury action, you can ask to be released on recognizance, subject to the statute's exceptions. [16] (as of November 11, 2026)

Charged

  • Pretrial motions are due within 45 days after arraignment and before trial, unless the court allows more time or the statute extends it. [9] (as of November 11, 2026)

Plea offer

  • Before indictment on a felony complaint, the prosecution must disclose discovery at least 3 calendar days before a plea offer expires. [10] (as of November 11, 2026)
  • On an indictment, information or misdemeanor complaint, discovery must be disclosed at least 7 calendar days before a plea offer expires, with a narrow exception. [17] (as of November 11, 2026)

Trial

  • The prosecution must be ready within six months for a felony, 90 or 60 days for a misdemeanor depending on the maximum, and 30 days for a violation, not counting excluded time. [11] (as of November 11, 2026)
  • If you are held in custody: If you are held and the prosecution is not ready within 90 days for a felony (15 to 30 days for a misdemeanor, 5 for a violation), you must be released on bail or recognizance, subject to exceptions; the case itself continues. [18] (as of November 11, 2026)

After sentencing

  • Notice of appeal: within 30 days after the sentence is imposed. [14] (as of November 11, 2026)

What not to do

  • Do not talk to the police or investigators about the case without a lawyer. Ask for a lawyer and then stop talking.
  • Treat every jail call as recorded. Do not discuss the case on it, and tell family not to.
  • Do not contact the person who made the accusation, directly or through anyone else.
  • Do not post about the case, the arrest or anyone involved, and do not delete messages, photos or files.
  • Do not miss a court date or ignore a paper from the court. Tell your lawyer about every date.

If the paperwork gives a court date, write it down and tell your lawyer the same day. Do not rely on a relative's memory of what the judge said.

Charges and first steps in New York

If you know the charge, start with its page: Assault, DWI and DUI, Drug charges, Gun and weapon charges, Theft and larceny. The full list is on the charges page.

If the arrest just happened, read what to do right now, then arraignment and bail and release. If you are a relative of the person arrested, start with the family page. To see the steps for your exact stage, use What happens next. Other courts: all the courts we appear in.

Sources

  1. Berghuis v. Thompkins, 560 U.S. 370 (2010). Current as of November 11, 2026. Official text
  2. Miranda v. Arizona, 384 U.S. 436 (1966). Current as of November 11, 2026. Official text
  3. U.S. Const. amend. IV. Current as of November 11, 2026. Official text
  4. N.Y. Crim. Proc. Law § 140.20(1) (rev. 2024-09-06). Current as of November 11, 2026. Official text
  5. Riley v. California, 573 U.S. 373 (2014). Current as of November 11, 2026. Official text
  6. N.Y. Crim. Proc. Law § 180.10 (rev. 2017-03-03). Current as of November 11, 2026. Official text
  7. N.Y. Crim. Proc. Law § 190.50(5)(a) (rev. 2014-09-22). Current as of November 11, 2026. Official text
  8. N.Y. Crim. Proc. Law § 245.10(1)(a) (rev. 2025-08-08). Current as of November 11, 2026. Official text
  9. N.Y. Crim. Proc. Law § 255.20(1) (rev. 2020-01-10). Current as of November 11, 2026. Official text
  10. N.Y. Crim. Proc. Law § 245.25(1) (rev. 2020-05-08). Current as of November 11, 2026. Official text
  11. N.Y. Crim. Proc. Law § 30.30(1) (rev. 2025-08-08). Current as of November 11, 2026. Official text
  12. U.S. Const. amend. VI. Current as of November 11, 2026. Official text
  13. U.S. Const. amend. V. Current as of November 11, 2026. Official text
  14. N.Y. Crim. Proc. Law § 460.10(1)(a) (rev. 2017-10-27). Current as of November 11, 2026. Official text
  15. N.Y. Crim. Proc. Law § 180.80 (rev. 2021-05-07). Current as of November 11, 2026. Official text
  16. N.Y. Crim. Proc. Law § 190.80 (rev. 2019-10-04). Current as of November 11, 2026. Official text
  17. N.Y. Crim. Proc. Law § 245.25(2) (rev. 2020-05-08). Current as of November 11, 2026. Official text
  18. N.Y. Crim. Proc. Law § 30.30(2) (rev. 2025-08-08). Current as of November 11, 2026. Official text

Arrested, or think you might be? Call before you answer any questions.

Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.

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