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The New York Arrest Process Explained At the moment of the arrest, the police should advise the defendant of their Miranda rights. The defendant has the right to remain silent. Anything they do say from this point onwards can (and will) be used against them in the case. They have the right to ask for an attorney, and if they can't afford one, the courts will appoint one to defend them. Miranda rights exist to protect defendants from self-incrimination. If a defendant asks for a lawyer, police cannot question them about the case without their attorney present. So, it's in the defendant's best interests to retain a lawyer When the defendant arrives at the precinct, they must be processed into the system. First, the police search the defendant and take their belongings away for safekeeping. At the police station, the authorities will decide whether to let the defendant leave the station with a desk appearance ticket (DAT), or they'll hold them in a detention facility at the courthouse. A DAT allows the defendant to leave the station rather than wait at the local courthouse for the arraignment hearing. There's no guarantee the police will issue a DAT. It depends on, for example, the defendant's prior record and the nature of the charges brought against them. If the police decide not to issue a DAT, the defendant goes to the Central Booking office, where they're held until the arraignment hearing.