The Biggest Mistakes People Make After an Arrest in New York

An arrest in New York is overwhelming. Whether it happens in Albany, Binghamton, or elsewhere in the Capital Region, the hours and days immediately following an arrest often shape the direction of the entire case.

Many people believe the most important part of their defense begins in court. In reality, some of the most damaging decisions happen long before the first appearance. The mistakes people make after an arrest can strengthen the prosecution’s case, limit defense options, and create consequences that are difficult to undo.

Understanding what not to do is often just as important as understanding your legal rights.

Talking to Police Without an Attorney

The most common and most harmful mistake is speaking to law enforcement without legal counsel.

After an arrest, officers may continue asking questions at the station, during transport, or even after release. They may suggest that cooperating will help resolve the case or that “clearing things up” will prevent charges from escalating.

What many people do not realize is:

• Statements made after arrest are recorded or documented.
• Partial explanations can be treated as admissions.
• Inconsistencies are later portrayed as dishonesty.
• Even casual remarks can become evidence.

You have the right to remain silent and the right to request an attorney. Exercising those rights cannot legally be used against you. Speaking without counsel, however, often creates problems that cannot be undone.

Posting About the Arrest on Social Media

In today’s environment, many people turn to social media immediately after an arrest. They may attempt to defend themselves publicly, criticize the police, or share their version of events.

This is almost always a mistake.

Prosecutors and investigators routinely review:

• Facebook and Instagram posts.
• Text messages.
• Private messages.
• Photos and videos.
• Comments made by friends or associates.

Even posts intended as jokes or sarcasm can be misinterpreted. Public statements can undermine defense strategies and provide the prosecution with additional evidence.

Silence online is just as important as silence during questioning.

Contacting the Alleged Victim or Witnesses

In cases involving allegations by another person, such as domestic disputes, harassment, or assault charges, defendants sometimes attempt to contact the complainant to “fix the situation.”

This can result in serious consequences.

Courts frequently issue automatic orders of protection at arraignment.

These orders may prohibit:

• Direct contact.
• Phone calls or text messages.
• Social media communication.
• Indirect contact through third parties.

Even if the alleged victim wants contact, violating an order of protection is a separate criminal offense. In many cases, the violation carries more severe penalties than the original charge.

Ignoring Court Dates or Release Conditions

Another critical mistake is failing to comply with release conditions.

After arrest, a defendant may be released with:

• A return court date.
• Pretrial supervision requirements.
• Travel restrictions.
• Drug or alcohol testing obligations.
• Electronic monitoring.

Missing a court appearance can result in a bench warrant. Violating release conditions can lead to immediate remand into custody. Courts take compliance seriously. Even minor violations can affect bail status and plea negotiations.

Failing to Preserve Evidence

Many people assume the prosecution will collect and preserve all relevant evidence. In reality, crucial defense evidence can disappear quickly.

Examples include:

• Surveillance video from nearby businesses.
• Dash camera or body camera footage.
• Text messages or phone records.
• Location data.
• Witness contact information.

Without early legal intervention, video footage may be overwritten, and digital records may be lost. Acting quickly allows defense counsel to secure and review evidence before it disappears.

Speaking to Friends and Family Without Caution

While it is natural to talk to trusted individuals after an arrest, defendants should understand that statements can spread. People often repeat conversations, sometimes unintentionally. In certain cases, friends or family members may be subpoenaed to testify about statements made after the arrest.

Confidential discussions should be limited to your attorney. Communications with legal counsel are protected. Conversations with others are not.

Waiting Too Long to Hire an Attorney

Some defendants delay hiring a lawyer because they believe the case is minor or that they can handle the early stages themselves.

This delay can:

• Limit strategic options.
• Reduce leverage in negotiations.
• Allow prosecutors to shape the narrative unchallenged.
• Lead to missed opportunities for dismissal or suppression.

The early stages of a case often determine its outcome. Immediate representation allows for proactive defense rather than reactive damage control.

Why Early Legal Strategy Matters

An arrest is only the beginning of a criminal case. What happens next is shaped by the decisions made in the first days and weeks.

Our defense strategy may include:

• Evaluating the legality of the arrest.
• Challenging improper searches or interrogations.
• Preserving favorable evidence.
• Controlling communication with prosecutors.
• Developing mitigation early.

Strong defense work begins immediately, not at trial.

Speak With Our New York Criminal Defense Attorneys Today

If you or a loved one has been arrested in Albany, Binghamton, or elsewhere in New York, the choices you make right now matter.

Contact O’Brien & Eggleston PLLC today to schedule a confidential consultation. Our experienced Albany CountyBottom of Form criminal defense attorneys will protect your rights from the outset and guide you through every stage of the process with strategy and care.