Arrest and Post-Arrest Process
What happens if you’re arrested for Medicaid fraud in New York? As I said before, a good defense lawyer should always try to prevent a client’s arrest. However, not everything is in our control and some cases are prosecuted. In most cases, you will be contacted by a detective with the DA’s Detective Squad. The detective will either tell you to come in or just inform you straight out that you’ve been charged with Medicaid fraud and will be arrested.
What I do in situations like this is contact the detective and ask for the name of the Assistant District Attorney. We always want to arrange for a smooth voluntary surrender at a convenient time. We want to make sure before you surrender that the DA will agree that you be released without bail and we want to minimize the time you have to spend in custody.
Most new arrests in New York are processed within 24 hours, which means spending the night at Central Booking. With a voluntary surrender, the papers will be ready ahead of time and you can spend much less time in custody. Depending on the case, we can get you free out of court much quicker, sometimes within hours.
After we surrender you to the DA’s Office, you will be photographed and fingerprinted, and then, after all the procedure are done, you will be taken to court where we’ll meet you.