at what process in the arrest can you get a lawyer

If a person does not have the financial means to hire an attorney, courts will appoint a lawyer at public expense in all cases that have the possibility of incarceration, including misdemeanors. Court-appointed lawyers generally come from either a public defender’s office or from a panel of local private attorneys approved by the court.

Full Answer

How do I get a lawyer if I have been arrested?

As soon as you are arrested, you need to start requesting the ability to contact an attorney. If you have to call from jail, you should be given the opportunity to do so. If you are out on your own recognizance or you have posted bail, set up meetings and contact possible attorneys as soon as possible.

What is the process of arrest?

An arrest occurs when a person, usually a law enforcement officer, uses legal authority to restrict a suspect's freedom of movement. Probable cause is the key issue in the arrest process. The police need probable cause to make an arrest or obtain an arrest warrant from a judge.

What are the legal requirements to make an arrest?

The civilian typically must witness a perpetrator commit a misdemeanor, or have reasonable cause to believe the perpetrator committed a felony. People should exercise care if they decide to make an arrest.

Should I hire a criminal defense attorney after being arrested?

Hiring an attorney after being arrested is the single most important thing you can do. A qualified criminal defense attorney will help you arrange bail, advise you about your case, and start building your defense. Generally, if you face the possibility of time in jail for your conviction, then you have the right to an attorney.

What is the process of arresting?

Arrest. An arrest occurs when a person, usually a law enforcement officer, uses legal authority to restrict a suspect's freedom of movement. Probable cause is the key issue in the arrest process. The police need probable cause to make an arrest or obtain an arrest warrant from a judge.

At what step are formal charges read to the accused?

Arraignment -- After an Indictment or Information has been filed and arrest has been made, an Arraignment must take place before a Magistrate Judge. During an Arraignment, the accused, now called the defendant, is read the charges against him or her and advised of his or her rights.

What are the five stages of the criminal justice process?

The five (5) basic steps of a criminal proceeding are the:Arrest.Preliminary hearing.Grand jury investigation.Arraignment in Criminal Court.Trial by jury.

What are the 13 steps of the criminal justice process?

Terms in this set (13)investigation. ... Arrest. ... Booking. ... Charging. ... Initial appearance. ... preliminary hearing/ grand jury. ... Indictment/ information. ... Arraignment.More items...

What happens if you are arrested by police?

During this process, police will take your fingerprints and photograph as well as record the charges filed against you. You may also be searched and questioned.

What is the defense lawyer's job after the prosecution has made their case?

After the prosecution has made their case, it is the defendant’s turn. At this time, the defense lawyer attempts to find holes or weaknesses in the prosecution’s argument by cross-examining witnesses, subpoenaing their own witnesses, providing an alibi, and entering any other evidence that proves his or her client’s innocence.

How long does a criminal trial last?

If the defendant pleads “not guilty” and a plea agreement cannot be reached, the case moves onto the trial phase of the criminal defense process. During the trial, a judge or jury reviews the case to determine whether they think the defendant is guilty or innocent. The trial phase can last anywhere from two months to two years depending on the complexity of the criminal case.

What happens during the pretrial process?

During the pretrial process is also when the defense lawyer may work out a deal with the prosecutor and police to prevent a trial by getting them to drop the case or having their client plead guilty to a less serious charge. A majority of federal and state criminal cases ( 90-95 percent) end during the pretrial process due to plea bargaining.

What happens if a defendant pleads guilty during an arraignment?

If a defendant pleads guilty during the arraignment, they skip straight to sentencing. The arraignment is also when bail and your next court appearance is set.

What is bail in criminal court?

Bail allows you the freedom to go home during the trial proceedings and the bail amount (an amount of money the court uses to ensure the defendant returns on his or her trial date) is set by the judge. Additional reading: THE CRIMINAL DEFENSE GUIDE TO BAIL & BONDS.

What is an arraignment hearing?

The arraignment is your first appearance in court and when formal charges are filed against you. During this brief hearing, which must occur as quickly as possible after arrest, you will appear before a judge with your attorney (if you choose to hire one). The judge will confirm that you are the person being charged with the crime, that you know what crime you are being charged with, and what you plead to the charge - guilty, not guilty or no contest.

What to do if you have been charged with a crime?

If you've been charged with a crime, you're entering the world of the criminal justice system. In this world, an experienced attorney is critical to help manage your case and obtain the best possible outcome. Many defendants will be able to get a public defender to represent them at no cost, but others may not qualify financially ...

Do you have to be competent to represent yourself in a criminal trial?

You must be legally "competent" before a judge will allow you to represent yourself in a criminal trial.

Can a defendant get a public defender?

Many defendants will be able to get a public defender to represent them at no cost, but others may not qualify financially or prefer to hire a private attorney. In this section we'll explain who can get free legal representation, and who must (or should) hire their own criminal defense attorney.

Do lawyers keep their confidences?

Your lawyer must keep your confidences, with rare exceptions.

Can an attorney give advice?

While attorneys can give advice, clients have the ultimate right to make most of the important decisions relating to their case, with very few exceptions. More See all Working With Your Criminal Defense Lawyer Topics. See More Working With Your Criminal Defense Lawyer Articles.

How to respond to summons?

In both of these cases, you must respond to the Summons by appearing in court at the listed date and time. This is often referred to as your “first appearance” or “arraignment.” This is not a trial. If you do not yet have a lawyer, you have the right to:

What happens if you are found guilty of a crime?

The prosecutor will want the court to put you in jail if you are found guilty.

What is civil violation?

The most common “civil violations” are illegal possession of small amounts of marijuana and illegal possession or transportation of alcohol by a minor. You receive a Summons from a police officer with a court date and location. Civil violations can result in fines but not jail sentences. You cannot get a free lawyer.

What is filling out a court form?

By filling out this court form, you are asking the court to appoint a free lawyer. In the larger courts, a “financial screener” should be present to help you with the form. Also, most courts will have a “lawyer of the day” to answer your questions and help you with getting a free lawyer. The form asks for complete financial information. You must sign the form in front of a Notary Public. Every court has someone who can witness your signature.

Can you go to jail for a criminal charge?

The officer issuing a summons can tell you if the charge is a crime or a civil violation. All criminal charges carry a possible jail sentence, but many less serious criminal charges do not actually result in jail time. You have a right to a free lawyer paid for by the state if:

What to do if you are arrested?

There are many things you can and should do once you have been arrested. These will help ensure that your legal rights are not violated. Some of the things you should do if arrested include: 1 Remain silent. You do not have to answer any questions the police ask you in connection with the arrest. Anything you say can potentially be used against you in court. 2 Be polite and behave respectfully towards the police officer (s). 3 Remain calm. 4 Contact your attorney or ask for one if you don’t have one yet. Don’t say anything until the attorney is present. 5 Try to remember the badge numbers of any officers you interact with, as well as their patrol car number (s). 6 Make sure that your attorney is present for any questioning or discussions. 7 Be sure that your attorney is present for any lineups or testing procedures (such as drawing a blood sample. 8 Let your attorney deal with the police and prosecutors, especially if they offer you some kind of deal or plea bargain. 9 If you have been injured, take photographs of the injuries as soon as possible and seek medical attention. 10 Try to find and identify witnesses and get their contact information (name, phone number).

When arresting a suspect, must police follow very specific procedures and steps when handling the person?

For instance, they are generally not to use an excessive amount of force. If you feel that your rights have been violated in the process of an arrest, you may need to speak with an attorney.

How to be calm when arrested?

Anything you say can potentially be used against you in court. Be polite and behave respectfully towards the police officer (s). Remain calm. Contact your attorney or ask for one if you don’t have one yet.

What can a criminal defense lawyer do?

A qualified criminal defense lawyer in your area can inform you of your rights and defenses and represent you in court. The above do’s and don’ts are suggestions that can help ensure your rights are protected. An experienced criminal lawyer can help protect your legal rights as well.

What to say to police when they come to your house?

Often times they will say things like, “It will be easier on you if you just tell the truth.”. However, this may only make it easier for the police to prove their case. If the police come to your home or residence, do not let them in unless they have a warrant and do not go outside.

What to do if you have been injured?

If you have been injured, take photographs of the injuries as soon as possible and seek medical attention.

Can you resist arrest?

Do not resist arrest. Even if you are innocent, resisting arrest can lead to increased charges or additional legal/criminal issues. In particular, do not touch the officers in any way, or even attempt to touch them. Do not believe the things the police might tell you in order to get you to talk.

How long does it take to get arrested and charged?

Shortly after defendants are arrested and charged (typically within 48 hours), they appear before a judge for an initial hearing on the case. In some states, these initial hearings are called arraignments.

What is the purpose of probable cause in an arrest?

An arrest occurs when a person, usually a law enforcement officer, uses legal authority to restrict a suspect's freedom of movement. Probable cause is the key issue in the arrest process. The police need probable cause to make an arrest or obtain an arrest warrant from a judge.

How many jurors are there in a trial?

Jury trial procedures vary depending on which court is hearing the case, but most trials begin with jury selection, when both sides select six to 12 jurors from a pool of potential jurors. After jury selection, the prosecutor and defense attorney give the jury a preview of the evidence in their opening statements.

Which amendment guarantees the right to a jury trial?

The right to a jury trial in all felony and most misdemeanor criminal cases is guaranteed by the Sixth Amend ment of the U.S. Constitution, as well as the laws of every state. The defendant can decide to waive a jury and allow a judge to decide the case.

What evidence do police collect?

In these cases, officers will interview witnesses, collect physical evidence (like fingerprints, carpet fibers, and bullet casings) and biological evidence (such as blood, hair, and bodily fluids).

What is an investigation in a car?

An investigation could begin when an officer observes a situation, such as a car weaving in its lane, that could involve a violation of the law. Suspecting that the driver is under the influence, the officer would observe the driver's behavior and use field sobriety tests to gather evidence of intoxication.

What is the focus of a criminal case?

An incident that becomes the focus of a criminal case usually begins with an investigation by an officer in a law enforcement agency, such as the Federal Bureau of Investigations (FBI), local police department, or county sheriff.

What happens when you are arrested?

From Arrest to the Courtroom. When people are arrested for allegedly committing a crime, the police will take them to the local jail for booking. Jail personnel will confiscate and store the person’s belongings, such as wallets, keys, and phones, and take fingerprints and photographs. Arrestees are placed in a jail cell, ...

What happens when a prosecutor adds charges?

Or, after a defendant has been arraigned on the prosecutor’s filed “complaint,” the prosecutor may bring the case before the grand jury, which might issue an “information.” The defendant will be entitled to a subsequent arraignment on this new charging document.

What is probable cause hearing?

Probable cause. If the police arrested the defendant without a warrant, the initial appearance or arraignment may be combined with what ’s called a “ probable cause ” hearing. Here, the court determines whether sufficient evidence exists to hold the defendant.

What happens if the judge decides there is not enough evidence to convict a defendant?

If the judge decides that not enough evidence exists to reasonably suspect that a crime was committed and the defendant committed it, the judge will dismiss the case. Plea. The court might take the defendant’s plea —guilty or not guilty—at this point.

What does a judge inform defendants of?

Charges and rights. The judge will inform defendants of the criminal charges brought against them and certain constitutional rights, such as the right to counsel.

What is the first hearing in court called?

The initial appearance starts the criminal process in court. At this first hearing, sometimes referred to as an arraignment, arrestees learn of the charges filed against them. This hearing is likely just the first of many hearings to come.

Why do people have to be taken before a judge?

When people are arrested for allegedly committing crimes, they must be taken before a judge relatively quickly to learn of the charges against them, their constitutional rights, any bail options, and other matters.

When does a lawyer have to be fired?

Firing your lawyer succeeds only when the relationship has seriously broken down. Learn what questions to ask and steps to take before doing anything drastic.

What to do if you are dissatisfied with your lawyer?

If you are dissatisfied with your lawyer, your first step should be to raise your concerns in a conversation. If the problem persists and your lawyer is a public defender, you may contact the lawyer’s supervisor. In rare cases, the supervisor may assign a different public defender. This would be done without court intervention.

What happens when a defendant presents his grievance?

The defendant presents his grievance, the defendant’s lawyer responds, and the judge normally asks questions to clarify the dispute. The judge will attempt to resolve the disagreement without having to appoint a new lawyer. If you seek a hearing, you must be prepared with organized and specific reasons.

What to do if you can't solve a problem without a court?

If you are unable to solve the problem without judicial intervention, you may ask the court for a hearing to request new counsel. You can normally make this hearing request directly to the court, but if you tell your current counsel of your wish to have this hearing, your lawyer would have an obligation to notify the court.

What happens at a court hearing?

At a hearing in which you ask for a new lawyer, the courtroom is typically closed to all but the judge, the defendant, and the appointed lawyer, and the record of the proceeding will be sealed. This means that neither the prosecutor nor the public will have access to a transcript of the proceeding. The defendant presents his grievance, the defendant’s lawyer responds, and the judge normally asks questions to clarify the dispute. The judge will attempt to resolve the disagreement without having to appoint a new lawyer.

What are the reasons for seeking a new counsel hearing?

If you seek a hearing, you must be prepared with organized and specific reasons. Successful arguments for new counsel generally involve a significant lack of communication, failure to investigate key evidence, and failure to make valid legal arguments. Remember that your “opponent” in this hearing will be your lawyer.

What is public defender?

In large cities, public defenders are often leaders in the defense community, with significant experience and ability. Court-appointed private attorneys who are under contract to provide services are also likely to have extensive experience.

What happens if a defendant accepts bail?

After booking, the defendant may be offered to option to pay bail based on a schedule of common crimes—for example, $500 for a nonviolent misdemeanor. If the defendant accepts this option and pays bail, the defendant is released.

Where is the defendant taken to?

The defendant is taken to the police station and booked.

What happens if a bail bond company fails to appear?

Again, if the defendant fails to appear when required, the bail bonds company can go after you for the collateral to repay its payment to the court.

What is bail in court?

Bail is security (money or property) that a defendant posts with a court . The payment does two things: It grants the defendant freedom (at least until the date of trial); and it discourages the defendant from skipping town (or the trial).

What happens if you can't afford an attorney?

In these situations, if the defendant cannot afford an attorney, the court will appoint one. ( Read more about criminal defense counsel .) The advantage of retaining an attorney at the time of arrest is that the attorney may be able to get the bail reduced or get charges reduced (resulting in lower bail).

What happens if you post bail?

There are additional financial costs and risks if you use a bail bond service (see below). If you post bail for someone, you might also have to answer questions in court as to the source of the money used to pay bail.

Do you need an attorney to post bail?

No, an attorney is not needed to post bail or to get a defendant out of jail. However, a defendant charged with a crime that results in a prison or jail term is entitled to counsel. And a defendant being questioned about matters relating to an alleged crime may request an attorney be present. In these situations, if the defendant cannot afford an attorney, the court will appoint one. ( Read more about criminal defense counsel .) The advantage of retaining an attorney at the time of arrest is that the attorney may be able to get the bail reduced or get charges reduced (resulting in lower bail).