What to Do If You’re Wrongfully Charged in New York State

Charged With a Crime You Didn’t Commit?

When you're hit with a criminal charge you know you didn't commit, it can shake you. You might feel powerless, blindsided, and overwhelmed. Every moment starts to feel heavier, especially when you're staring down legal terms you don't understand, police reports that get the facts wrong, or court dates that could change your life. 

If you’re dealing with a wrongful criminal charge in New York, you’re not alone. You do have options, and you don’t have to go through it by yourself. A Bronx civil rights attorney from our team can help you protect your rights and push back against unfair accusations.

At Horn Wright, LLP, our Bronx civil rights attorneys represent people across New York who’ve been charged unfairly. We know how to build strong, strategic defenses for clients caught in the justice system. If you've been wrongfully accused, we're here to help you fight back, clear your name, and protect your future.

Stay Calm and Assess the Situation

The first moments after a charge can cloud your thinking. 

You may want to yell, explain everything, or argue with police. That reaction is human, but it won't help your case. The smartest thing you can do is slow everything down. Keep your voice steady, and control your body language.

Law enforcement in New York, whether you're dealing with State Police, county sheriffs, or city officers, will take note of how you respond. By staying calm, you reduce the chance of escalation and give yourself the mental space to think clearly. 

Ask what you’re being charged with, and don’t guess. Get the information straight from the officer or from official paperwork. Write it down if you can. This step sets the tone for every move that follows.

Know the Exact Charge You’re Facing

Not all criminal charges are the same. Being accused of petty larceny is very different from being accused of felony assault. To defend yourself effectively, you need to know exactly what the state says you did wrong.

In New York, criminal charges fall under the New York Penal Law. Some are violations or misdemeanors, others are felonies. Misidentifying the charge can delay your response or lead you to underestimate what’s at stake. Look at the formal complaint, appearance ticket, or charging documents. 

Ask your attorney to explain anything unclear. This part matters. Understanding what you're up against gives you and your attorney the ability to plan your defense with clarity and purpose.

Never Speak Without a Lawyer Present

Once police have you in custody or begin questioning you, your right to remain silent becomes essential. Many people believe they can talk their way out of the situation, especially if they’re innocent. That’s a mistake.

Even honest answers can get twisted in police reports or misinterpreted by prosecutors. In upstate counties or New York City precincts, officers may try to keep you talking before they officially read your rights. You don’t have to wait. Clearly say, "I want a lawyer. I will not answer questions."

Then stop talking. Don’t fill the silence. Don’t explain. Don’t apologize. Let your attorney speak for you. That protection is built into the Constitution for a reason. You have the right to protect yourself from misinterpretation or coercion, and that begins with silence.

Hire a Criminal Defense Attorney Familiar With New York Courts

Legal representation isn’t just helpful, it’s vital. And not just any lawyer will do. You need someone who understands how criminal courts work across New York State. There are major differences between courts in Rochester, White Plains, and Brooklyn.

A seasoned New York criminal defense attorney will know how to:

• Spot weak points in the prosecution’s case
• Challenge illegal searches or flawed warrants
• Handle arraignments and motion practice quickly
• Navigate regional prosecutors with different tactics

From town courts to state Supreme Court proceedings, a locally focused defense attorney gives you a real edge. The right attorney understands how judges operate in each county and what arguments will hold up against aggressive prosecutors. 

Start Gathering Evidence Immediately

Don’t wait for your attorney to do everything. Start thinking like someone preparing for trial. Evidence that proves you weren’t at the scene, contradicts the accusation, or confirms your version of events needs to be preserved fast.

Consider looking for:

• Security footage from nearby stores or buildings
• Phone GPS logs showing your location
• Text messages that establish your timeline
• Eyewitness names and contact info
• Social media posts or photos

In New York, some surveillance footage gets erased within days. Cell phone data can become harder to retrieve the longer you wait. Time matters. Every piece helps. Your lawyer will take these items and start building your defense around what’s concrete, not just what’s claimed.

Watch for Police Errors or Rights Violations

Mistakes by law enforcement could change the direction of your case. If police acted without a warrant, failed to advise you of your rights, or used excessive force, those actions may form the basis of a legal defense.

Examples of what to look for:

• Did officers stop you without cause or profile you based on race or location?
• Was evidence taken from your home without a valid warrant?
• Did police deny you access to an attorney during questioning?

If you suspect any misconduct, write down what happened while it's fresh. Tell your attorney. New York courts take constitutional violations seriously, and in some cases, key evidence can be suppressed. 

Keep a Close Eye on Your Court Timeline

Criminal cases in New York unfold over a specific schedule. From arraignment to trial, each phase involves deadlines and court appearances. Missing even one can damage your case.

Keep track of:

• Arraignment dates and bail hearings
• Pre-trial motion deadlines
• Discovery exchange dates
• Suppression or evidentiary hearings

If your case is being handled in a busier court system like Queens County or the Bronx, adjournments and delays are common. Even so, you need to show up on time and prepared every time. Judges notice the defendants who stay engaged. It also sends a clear signal that you’re taking the matter seriously and doing your part.

Pressure the Prosecution to Show Real Evidence

Once the prosecutor turns over their evidence, known as discovery in New York, your defense begins in earnest. This is where wrongful charges can start to unravel.

A strong defense attorney will:

• Compare police statements against body cam footage
• Review forensic lab reports for accuracy
• Interview alleged victims or witnesses again
• Examine surveillance footage frame by frame

False charges often rely on weak or misleading evidence. When you take a close look, the gaps show up. If the state can’t meet its burden, your attorney can push for dismissal or negotiate favorable outcomes based on what the evidence actually proves.

Protect Your Record and Your Future

Even if your case gets dismissed or you’re acquitted, the damage to your name doesn’t always go away. In New York, arrest records remain unless they’re sealed.

Take steps to limit the long-term fallout:

• Ask your attorney about record sealing under CPL Section 160.50
• Monitor public databases or background check sites
• Prepare a short explanation if asked on job or housing applications

Many people wrongly believe dismissal means total erasure. It doesn’t. You have to take action to restore your record. Once your criminal matter is resolved, it’s also worth reviewing your options if the charge was related to another legal matter. 

Get Help from Horn Wright, LLP

If you've been wrongfully charged in New York, you deserve a team that sees you, believes you, and knows how to fight. At Horn Wright, LLP, we help clients across the state push back against unfair charges. 

Our civil rights lawyers bring deep experience and local knowledge to every case, working fast to protect your rights and tell your side of the story. Contact us today and let us help you take back control of your future.