Pretty often we’re asked a question, Andrei, Gus, what do we do if we’re arrested with a LTC in NYC. We’re here to explain what happens.
First thing to know is, if the police haven’t yet arrested you, and you know you will be arrested. Make sure that before you’re arrested, click the power button on your iPhone 5 times or hold the power button on your android. This will require a passcode that cannot be forced to be inputted by the police, unlike a thumbprint or Face ID, which can be forced by police. Today we’re focusing on an arrest warrant.
If the police show up to your door, do not resist.
You can ask them to slide the warrant under the door or hold it up to a window. You have the right to read it. Check:
Is your name and address correct?
Is it signed by a judge?
What specifically are they authorized to search? (They can only search areas/items listed)
Do not physically resist - even if the warrant seems wrong If it's invalid, your lawyer handles that in court. Resisting makes everything worse.
You have the right to remain silent You don't have to answer questions beyond basic ID. Say clearly: "I refuse to answer questions without an attorney present.” You claiming to invoke the 5th amendment can implicate you in a civil case.
Do not consent to anything beyond the warrant If they ask to search something not covered by the warrant, you can say: "I do not consent to this search." Say it calmly and clearly - this matters legally even if they proceed anyway.
Observe and document (if possible)
Note the officers' names/badge numbers if possible
Note what they take
Don't interfere, but you can watch if not immediately moved to a police car
You may be asked one of a few questions, but the most important two are:
Would you like to be taken to jail?
The hospital? (This will delay you being arraigned, possibly overnight. If you are not feeling well, go to the hospital)
Or would you like to be taken to the precinct to give your side of the story?
You only answer questions with an attorney present. Take me to jail.
Your goal right now is to get out of jail OR make a reasonable amount of phone calls to an attorney or loved one in order to be able to get a lawyer to help you at arraignment.
If this charge is any resembling Menacing, Assault or anything along those lines, you’ll likely be hit by a TOR (Temporary Order of Protection) or OOP (Order of Protection) which will look something like the document below:
At this point you have to do a few things.
Hand over your firearms to the local precinct
You’ll take your firearm(s), ammunition and license to the local precinct, whichever is in charge of your local area and turn them in, and they’ll give you back a piece of paper titled “NYPD Property Clerk Invoice” with every cartridge, firearm, magazine and anything else you handed over outlined on the document. Count every cartridge before you go there.
Report to the NYPD
You will email DG_LIC-Incidents@nypd.org to inform them of the TOR/OOP with as few details as possible. Your goal is to inform them of the suspension of your license without possibly giving away any information about the case, or implicating yourself.
“I was arrested on “BLANK” for allegedly “BLANK” and received a TOR/OOP, and here is a scan/picture of my property clerk receipt for vouchering my firearm”
Email the State Police
“I was arrested on “BLANK” for allegedly “BLANK” and received a TOR/OOP, and here is a scan/picture of my property clerk receipt for vouchering my firearm as well as a copy of the TOR/OOP”
Additionally, you’ll likely get an email from the NYPD (I promise it comes fast, unlike the permits)
This email will inform you your license is suspended. This is when you focus on fighting your criminal charges, and when you’re done there, you talk to your lawyer, or if you’re found not guilty, or otherwise had the charges dropped you appeal the suspension based on the letter provided.
THE LESS YOU SAY, THE BETTER.
Reminder that we’re not your lawyers, this is not legal advise and most importantly, we’re not YOUR lawyers.
