2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 140 - Arrest Without a Warrant › 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, 130.40, 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
* NB Effective until September 1, 2024
* (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
* NB Effective September 1, 2024
* (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, 130.40, 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
* NB Effective until September 1, 2024
* (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
* NB Effective September 1, 2024
(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, 130.40, 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:
* NB Effective until September 1, 2024
* 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:
* NB Effective September 1, 2024
(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, 130.40, 205.10, 205.17, 205.19 or 215.56 of the penal
law, and
* NB Effective until September 1, 2024
* (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
* NB Effective September 1, 2024
(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.