Being arrested for a DWI is a frightening experience.
You can protect your rights by learning what to expect during an arrest in Brooklyn and how to fight the charges against you. Here’s what you should know.
You’ll Be Patted Down
First, you’ll be asked to get out of your vehicle and submit to a search of your person for contraband and weapons. At this point, you may be asked to perform field sobriety testing. Always ask the officer if you’re under arrest before getting out of your car and if you’re not being arrested, politely decline to the search.
Your Car Will Be Searched
After you’re detained, your vehicle will be searched. Police will be looking for the presence of open containers of alcohol, drugs and drug paraphernalia, and any other evidence of criminal activity.
You’ll Be Booked
Once you’re brought to the police station, you’re booked. This is the process of obtaining information to identify you, including your fingerprints and photograph. You may also be questioned.
Charges Are Filed Against You
Next, you’ll be made aware of what charges are being filed against you. Typically, this occurs within 72 hours of your arrest, because you have the constitutional right to a speedy trial. If you’ve been denied bail during this time, your attorney may file a writ of habeas corpus. This allows you to be brought before the court to determine if you are being held lawfully or not.
The arraignment is the final step in the initial criminal proceedings. This is where you’re allowed to enter a plea of not guilty, guilty, or no contest after being formally read the charges in court. Depending on the evidence against you, your attorney will give you advice on how you should plead and what to expect in each case. By the arraignment, bail should have been posted. You’ll be informed of your trial date before being released.
Arrested for a DWI in Brooklyn? Contact Us Today
Being arrested for any crime is unsettling and it’s critical that you take action as soon as possible to protect your rights under New York law. Brooklyn DWI lawyer Mark Cossuto has the experience and skills needed to provide you with zealous legal advocacy after your arrest. He will review the evidence available in your case and help you develop a formidable defense. Call now for a consultation to discuss your case at (800) 609-4545.