What You Need to Know About Encounters with the Police

Being respectful, calm and avoiding arguing are the most important things to remember when stopped by an officer. Keep your hands where they can be seen by the police officers and do not run. Also, it’s good to try and memorize the police officers’ names.

If you’re stopped in your car, place your hands on the steering wheel as the police approach. Show the officer your driver’s license, registration and proof of insurance upon request. In certain cases, your car can be searched without a warrant, so to protect yourself later, you should state that you do not consent to a search. It’s unlawful for an officer to arrest you for refusing to consent to a search. If you’re asked to sign a ticket, sign it. You can always fight it later. And if you are suspected of drunk driving, you will be asked to take a breath-alcohol and coordination test. If you fail or refuse to take the test, you will be arrested. Also, your license may be suspended, and your car may be impounded.

If you are a defendant in a criminal case, you must discuss with a criminal attorney any action you might consider taking in connection with your mistreatment by the police.

There are several government agencies that review complaints against the N.Y.P.D. Anyone can file a complaint by contacting Civilian Complaint Review Board:
Civilian Complaint Review Board
40 Rector St. 2nd Floor
New York NY 10006
Phone: 212-442-8833

C.C.R.B. complaints may be filed in person, by telephone, or by mail. Complaint forms are available at all New York City police stations. The C.C.R.B. has authority to investigate and to recommend departmental action against officers engaging in excessive force, abuse of authority, discourtesy, and offensive language.

Complaints about stealing, bribe receiving or “moonlighting” by police should be referred to the N.Y.P.D. Internal Affairs Division by calling 800-PRIDE-PD , or 212-741-8401. Complaints can also be made in person at:
Internal Affairs Division
315 Hudson Street, 3rd floor
New York, NY 10013

Recurrent discriminatory practices at the precinct level should be referred to the State Attorney General, Civil Rights Bureau at 212-416-8000 or by writing to:
New York State Attorney General
Civil Rights Bureau
120 Broadway, 25th floor
New York NY 10271

It’s important to remember that if you are a criminal defendant, or if you, a friend or a relative has been seriously injured by the police, you should consult an attorney before making a complaint to any government agency. Your statement to the government agency may be used against you in your criminal case, or may hurt your chances of winning a civil case. We strongly advise against initiating a civilian complaint on your own while a criminal or civil action is pending. The officer you are complaining about will be shown your C.C.R.B. complaint against him before your case is presented in court. Both the C.C.R.B. and the I.A.D. will accept a complaint that is fi led by your lawyer, and postpone taking your statement until your case is over.

Both the C.C.R.B. and the I.A.D. will accept a complaint that is filed by your lawyer, and postpone taking your statement until your case is over.

The New York City Policing Roundtable 212-244-4664 can provide you with the names of a number of experienced attorneys who specialize in cases involving police abuse and civil rights violations. Other organizations that may be able to assist you are:

Before you go to court to clear a bench warrant – especially for a felony charge – you should talk to your lawyer. Your lawyer can advise you about what to expect in court, documents you might bring to court to explain your absence, and can arrange to be there when you come to court to clear the warrant.

To clear a warrant you must first go to the Central Clerk’s Office in the courthouse where your case is being heard. It is best to go to the clerk’s office when the courthouse opens at 9:00 a.m. to be sure to have enough time to clear the warrant, since it can take time for the court staff to locate your case file. The clerk will probably instruct you to go to the court part to wait for the case to be called. It can take some time for the papers to be sent to the court part. Be patient.

If you are represented by The Legal Aid Society, the Court will advise the office that you are in court, and an attorney from the office will speak on your behalf. However, if your case is called without a lawyer being present, you may be asked to personally explain why you did not appear as scheduled. You should be prepared to answer this question but should not discuss the facts of the case with the judge.

In most cases, the time spent in jail before a prisoner is sentenced should be credited toward the sentence that is imposed. However, prisoners often find that they have not been credited with all the time they have spent in jail, resulting in a later release date. The steps prisoners should take to have the error corrected vary, depending on whether they are located in a City jail or in State prison.

• Prisoners at Rikers Island: Prisoners serving sentences at Rikers Island who believe they have a sentence calculation problem should contact The Legal Aid Society Defender Legal Assistant (DLA) for the facility where they are located. The DLA will investigate the matter and work with the prisoner to correct the release date.
• Prisoners in State Prison: Prisoners in state prison who are missing a period of jail time credit for time that was served in the custody of the New York City Department of Correction, e.g., at Rikers Island, should contact the Clerk of the jail where they were last housed in the City system. A list of facilities can be found here.
• The City Department of Correction’s policy is to store jail time records at the last jail in which a prisoner was held. That jail is responsible for errors in calculation of jail time.

Prisoners’ efforts to correct a jail time problem on their own are often unsuccessful. Prisoners who are unable to correct a problem on their own can contact The Legal Aid Society for help. Write to:

• CDD Special Litigation Unit, 199 Water Street, New York, NY 10038.

The Legal Aid Society can only assist prisoners whose cases originated in New York City. Prisoners from any parts of New York State can contact Prisoners’ Legal Services of New York:

• 118 Prospect St., Suite 307, Ithaca, NY 14850.

• Prisoners’ Legal Services of New York
• New York City Policing Roundtable
• Department of Correction Facilities List

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.