N.Y. Criminal Procedure Law § 140.20: Arrest without a warrant; procedure after arrest by police officer

§ 140.20 Arrest without a warrant; procedure after arrest by police

officer.

1. Upon arresting a person without a warrant, a police officer, after

performing without unnecessary delay all recording, fingerprinting and

other preliminary police duties required in the particular case, must

except as otherwise provided in this section, without unnecessary delay

bring the arrested person or cause him to be brought before a local

criminal court and file therewith an appropriate accusatory instrument

charging him with the offense or offenses in question. The arrested

person must be brought to the particular local criminal court, or to one

of them if there be more than one, designated in section 100.55 as an

appropriate court for commencement of the particular action; except

that:

(a) If the arrest is for an offense other than a class A, B, C or D

felony or a violation of section 130.25, former section 130.40, section

205.10, 205.17, 205.19 or 215.56 of the penal law committed in a town,

but not in a village thereof having a village court, and the town court

of such town is not available at the time, the arrested person may be

brought before the local criminal court of any village within such town

or, any adjoining town, village embraced in whole or in part by such

adjoining town, or city of the same county; and

(b) If the arrest is for an offense other than a class A, B, C or D

felony or a violation of section 130.25, former section 130.40, section

205.10, 205.17, 205.19 or 215.56 of the penal law committed in a village

having a village court and such court is not available at the time, the

arrested person may be brought before the town court of the town

embracing such village or any other village court within such town, or,

if such town or village court is not available either, before the local

criminal court of any adjoining town, village embraced in whole or in

part by such adjoining town, or city of the same county; and

(c) If the arrest is for an offense committed in a city, and the city

court thereof is not available at the time, the arrested person may be

brought before the local criminal court of any adjoining town or

village, or village court embraced by an adjoining town, within the same

county as such city; and

(d) If the arrest is for a traffic infraction or for a misdemeanor

relating to traffic, the police officer may, instead of bringing the

arrested person before the local criminal court of the political

subdivision or locality in which the offense was allegedly committed,

bring him or her before the local criminal court of the same county

nearest available by highway travel to the point of arrest; and

(e) Notwithstanding any other provision of this section, where a local

criminal court in the county in which the defendant is arrested is

operating an off-hours arraignment part designated in accordance with

paragraph (w) of subdivision one of section two hundred twelve of the

judiciary law at the time of defendant's arrest, the arrested person may

be brought before such local criminal court.

2. If the arrest is for an offense other than a class A, B, C or D

felony or a violation of section 130.25, former section 130.40, section

205.10, 205.17, 205.19 or 215.56 of the penal law, or other than where

an arrest is required to be made pursuant to subdivision four of section

140.10 of this article, the arrested person need not be brought before a

local criminal court as provided in subdivision one, and the procedure

may instead be as follows:

(a) A police officer may issue and serve an appearance ticket upon the

arrested person and release him from custody, as prescribed in

subdivision two of section 150.20 of this title; or

(b) The desk officer in charge at a police station, county jail or

police headquarters, or any of his superior officers, may, in such place

fix pre-arraignment bail and, upon deposit thereof, issue and serve an

appearance ticket upon the arrested person and release him from custody.

3. Other than where an arrest is required to be made pursuant to

subdivision four of section 140.10 of this article, if (a) the arrest is

for an offense other than a class A, B, C or D felony or a violation of

section 130.25, former section 130.40, section 205.10, 205.17, 205.19 or

215.56 of the penal law, and (b) owing to unavailability of a local

criminal court the arresting police officer is unable to bring the

arrested person before such a court with reasonable promptness, either

an appearance ticket must be served unconditionally upon the arrested

person or pre-arraignment bail must be fixed, as prescribed in

subdivision two. If pre-arraignment bail is fixed but not posted, such

arrested person may be temporarily held in custody but must be brought

before a local criminal court without unnecessary delay. Nothing

contained in this subdivision requires a police officer to serve an

appearance ticket upon an arrested person or release him from custody at

a time when such person appears to be under the influence of alcohol,

narcotics or other drug to the degree that he may endanger himself or

other persons.

4. If after arresting a person, for any offense, a police officer upon

further investigation or inquiry determines or is satisfied that there

is not reasonable cause to believe that the arrested person committed

such offense or any other offense based upon the conduct in question, he

need not follow any of the procedures prescribed in subdivisions one,

two and three, but must immediately release such person from custody.

5. Before service of an appearance ticket upon an arrested person

pursuant to subdivision two or three, the issuing police officer must,

if the offense designated in such appearance ticket is one of those

specified in subdivision one of section 160.10, cause such person to be

fingerprinted in the same manner as would be required were no appearance

ticket to be issued or served.

6. Upon arresting a juvenile offender or a person sixteen or

commencing October first, two thousand nineteen, seventeen years of age

without a warrant, the police officer shall immediately notify the

parent or other person legally responsible for his or her care or the

person with whom he or she is domiciled, that such offender or person

has been arrested, and the location of the facility where he or she is

being detained. If the officer determines that it is necessary to

question a juvenile offender or such person, the officer must take him

or her to a facility designated by the chief administrator of the courts

as a suitable place for the questioning of children or, upon the consent

of a parent or other person legally responsible for the care of the

juvenile or such person, to his or her residence and there question him

or her for a reasonable period of time. A juvenile or such person shall

not be questioned pursuant to this section unless he or she and a person

required to be notified pursuant to this subdivision, if present, have

been advised:

(a) of the juvenile offender's or such person's right to remain

silent;

(b) that the statements made by him or her may be used in a court of

law;

(c) of his or her right to have an attorney present at such

questioning; and

(d) of his or her right to have an attorney provided for him or her

without charge if he or she is unable to afford counsel.

In determining the suitability of questioning and determining the

reasonable period of time for questioning such a juvenile offender or

person, his or her age, the presence or absence of his or her parents or

other persons legally responsible for his or her care and notification

pursuant to this subdivision shall be included among relevant

considerations.

7. Upon arresting a person, other than a juvenile offender, for any

offense without a warrant, a police officer shall, upon the arrested

person's request, permit him or her to communicate by telephone provided

by the law enforcement facility where the defendant is held to a phone

number located in the United States or Puerto Rico, for the purposes of

obtaining counsel and informing a relative or friend that he or she has

been arrested, unless granting the call will compromise an ongoing

investigation or the prosecution of the defendant.

8. If the arrest is for a juvenile offender or adolescent offender

other than an arrest for a violation or a traffic infraction, such

offender shall be brought before the youth part of the superior court.

If the youth part is not in session, such offender shall be brought

before the most accessible magistrate designated by the appellate

division of the supreme court in the applicable department to act as a

youth part.