New York Criminal Interview Procedure

The criminal investigative path in New York generally unfolds in six stages. First, a complaint—often filed via a police report or victim statement—leads to an initial case review and officer assignment. The accused may be invited to appear voluntarily or summoned.

Second, when attending the precinct, the individual must present identification. The Miranda warnings are given, including the right to remain silent and the right to consult an attorney. All statements may be transcribed into formal records.

Third, the police proceed to evidence collection. This includes interviewing victims or witnesses, conducting forensic analysis, and site visits. Any materials offered voluntarily can become prosecutorial evidence.

Fourth, Police may complete the investigation and refer the case to the District Attorney. The decision to prosecute or dismiss the case lies with the District Attorney’s office.

Fifth, the DA reviews the charges. This may lead to indictment, summons, or dismissal. Certain cases may involve grand jury review, depending on the offense level.

Lastly, the court process begins. Hearings involve defendant examination, cross-examination of witnesses, and presentation of physical or testimonial evidence. Sentencing, if applicable, follows verdict delivery. Both sides retain appeal rights.

First, it is essential to confirm the specific allegations. In criminal complaints, defense attorneys may file a Freedom of Information request to access the police report. In other cases, directly contacting the assigned detective may provide clarity.

Second, understanding which department is handling the investigation is important. For instance, Special Victims Division or Financial Crimes Units often follow distinct investigative protocols.

Third, having legal representation is a strategic necessity. Defense counsel may be present during interviews, ensuring that questioning remains lawful and supporting the accused with tailored strategies.

When responding to questions, individuals should ensure they fully understand each prompt. It's acceptable to request clarification: “Can you please rephrase that?” or “I’m not sure I understand what you’re asking.”

Answers should be brief and accurate. Saying “yes” or “no” when applicable, and avoiding elaboration unless legally advised, helps prevent unintentional disclosures.

Regarding documentation, do not submit any physical records without legal advice. Materials handed over may become formal exhibits. Even personal notes or digital screenshots can later be used as evidence.

The following summary outlines best practices during an interview:

These approaches can prevent self-incrimination and support future legal defenses.

Under New York law and U.S. constitutional principles:

• Suspects are entitled to counsel. An attorney may be present during any custodial questioning.
• The right to remain silent applies from the moment questioning begins. Officers must inform suspects of this right.
• Minors or vulnerable adults may request the presence of a legal guardian or designated representative during questioning, and law enforcement must provide appropriate accommodations.

While suspects do not have a formal right to edit police records, they may raise discrepancies through their attorney if the statement misrepresents what was said.

While witnesses are not subject to the same scrutiny as suspects, their rights remain essential:

• Witnesses may decline to answer questions that may incriminate them.
• They may request privacy for sensitive information or ask for interview postponement to seek legal advice.
• In cases of sexual abuse, domestic violence, or child exploitation, witnesses are eligible for special protections, including interview support from trained professionals or appointed legal counsel.