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Arrested in Nassau County? Here Is What Happens Next
If you or someone you love was just arrested in Nassau County, call now. The hours between an arrest and an arraignment are when the most damage gets done — and when a defense lawyer can do the most good.
Richard Hochhauser is a former Nassau County prosecutor. He spent years on the other side of these cases, in the same building where yours will be heard. This page explains, step by step, what is happening right now and what you should and should not do.
First Question: Are You in Custody, or Were You Given a Ticket?
Not every arrest in Nassau County ends with a night in a cell. New York law now pushes police toward releasing people with a written notice to appear. Which path you are on changes everything about the next 24 hours.
You received a Desk Appearance Ticket
A DAT directs you to appear in court on a future date. You are fingerprinted, photographed, and released — often within a few hours.
Under CPL § 150.20, officers are generally required to issue an appearance ticket rather than hold you for most offenses below a class A through D felony.
You are being held
Booking: pedigree information, fingerprints, photographs, a search, and a wait. From there you are transported to court for arraignment, or held at the Nassau County Correctional Center in East Meadow.
Arraignment is expected without unnecessary delay — as a practical matter, generally within about 24 hours.
The exceptions that keep you in custody
An officer may still take you in if you have an outstanding warrant, missed a court date in the past two years, cannot produce verifiable identification, or if the charge involves a family or household member, a sex offense under Penal Law article 130, a hate crime, or a situation where the officer believes the court should consider an order of protection. Charges that can cost you your driver’s license are another exception.
A DAT is a relief, but it is not a dismissal. It is a criminal case with your name on it, and the date printed on that ticket is a real court date at a real courthouse. People who treat a DAT casually are the people who end up with a bench warrant.
What to Do Right Now
Say that you want a lawyer, then stop talking
This is the single most important thing on this page. Say clearly: “I want a lawyer. I am not answering questions.” Then follow through. Do not soften it, do not add “but I just want to explain,” and do not answer the follow-up question that comes next.
Police are permitted to be friendly, to sound sympathetic, and to suggest that clearing things up now will help you. Officers are also allowed to be less than forthcoming about what they know. Nothing you say in an interview room gets a charge dropped on the spot. It does get written down and handed to the prosecutor.
- Do not explain your side to police, however reasonable it sounds in your head.
- Do not discuss the facts on a jail phone — those calls are recorded, and prosecutors listen to them.
- Do not text, post, or message anyone about what happened.
- Do not contact a complaining witness, even to apologize. Especially to apologize.
- Do not consent to a search of your phone, your car, or your home.
- Do ask for a lawyer, out loud and unambiguously.
- Do write down everything you remember today, while it is fresh — for your attorney, not for the police.
- Do note any camera that may have seen what happened. Surveillance video is often overwritten within days.
- Do tell your family you are fine and to call a lawyer, and leave the details for a privileged conversation.
- Do keep every piece of paper you were given.
What a Lawyer Can Do Before Your First Court Date
People assume a defense lawyer starts working at the first court appearance. That is far too late, and it gives away the part of the case where a lawyer has the most leverage.
Appear at arraignment
Argue for release on recognizance or the least restrictive conditions the law allows — rather than leaving it to a lawyer meeting you in the hallway.
Reach the DA early
Not every case that starts as a felony stays one. The window to influence the charging decision closes quickly.
Preserve the evidence
Written demands for surveillance video, body-worn camera footage, and 911 recordings before they are overwritten.
Protect your license
In a DWI case, the chemical test refusal and suspension deadlines run on their own clock, separate from the criminal case.
Shape the order of protection
Before an order is entered that bars you from your own home or from contact with your own children.
Take the calls
So your family is not guessing, and so no one in your household says something that hurts you.
Where Your Nassau County Case Will Be Heard
Nassau County concentrates its criminal cases in two buildings, which surprises people expecting a courthouse in their own town.
Nassau County District Court
99 Main Street
Hempstead, NY 11550
(516) 493-4200
Misdemeanors, violations, and the start of every felony case.
Nassau County Court
262 Old Country Road
Mineola, NY 11501
Felony cases after indictment, in the same complex as the District Attorney.
Nassau County Correctional Center
100 Carman Avenue
East Meadow, NY 11554
(516) 572-4200
Where people are held pre-arraignment.
Hempstead Village Court
99 James A. Garner Way
Hempstead, NY 11550
(516) 489-3400
Village-level and local matters.
An Arrest Is Not a Conviction
An arrest is an accusation. The burden is on the prosecution, and it is a heavy one. Cases get dismissed, charges get reduced, and evidence gets suppressed when a stop or a search does not hold up. None of that happens automatically — it happens because someone examined the case closely and pushed.
Questions People Ask Us the First Night
What should I do immediately after being arrested in Nassau County?
Say clearly that you want a lawyer and that you are not answering questions, then stop talking. Do not explain your side to police, and do not discuss the facts of the case on a jail phone, in text messages, or on social media, because those communications are not private. Contact a criminal defense attorney before your arraignment.
How long after an arrest is arraignment in Nassau County?
A person held after an arrest is expected to be arraigned without unnecessary delay, generally within about 24 hours. In Nassau County, arraignments on new cases are handled at the District Court at 99 Main Street in Hempstead.
What is a Desk Appearance Ticket?
A DAT directs you to appear in court on a future date instead of being held. Under CPL section 150.20, officers are generally required to issue appearance tickets for most offenses below a class A through D felony, subject to exceptions including outstanding warrants, unverifiable identification, domestic incidents, and sex offenses. A DAT is still a criminal case and requires a court appearance.
Where is the Nassau County criminal court?
Misdemeanors, violations, and the preliminary stages of felony cases are heard at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550. Indicted felony cases move to the Nassau County Court, 262 Old Country Road, Mineola, NY 11501.
Can a lawyer help before my first court date?
Yes, and that is often when a lawyer has the most leverage — appearing at arraignment to argue for release, contacting the detective or District Attorney before charges are finalized, demanding preservation of video before it is overwritten, and addressing license deadlines in a DWI case.
Related Pages
Arraignment and bail
What happens in those first minutes before a judge, and how bail is actually decided under New York law.
Felony cases in Mineola
What it means when your case moves to the County Court at 262 Old Country Road.
DWI defense
Breath tests, refusals, and the license deadlines that run separately from the criminal case.
Criminal defense
The full range of charges the firm handles across Nassau and Suffolk County.
Speak With a Former Nassau County Prosecutor
Consultations are free and confidential. You will speak with an attorney, not a screener.
Hochhauser Criminal & DWI Defense, PLLC
Richard Hochhauser
164 Jackson Street, Hempstead, NY 11550
RH@Hochhauserlaw.com
Our Offices
Garden City Office
1225 Franklin Ave #325
Garden City, NY 11530
Phone: (516) 939-1529
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