The police should not question you after you have requested an attorney. Call friends or family. You might not know the name or phone number of an attorney, especially if you’ve never been arrested before. In this situation, you should call friends or family and ask them to find an attorney for you.
You have to agree to hire an attorney. Although your family might call someone to go see you in jail, that person isn’t your attorney until you hire him or her. The attorney should send you a “retainer agreement” or “engagement letter” for you to read and sign. The agreement should identify the following:
You should call an attorney from jail or request a public defender when you appear before the judge. Figure out if you need a criminal defense lawyer. If you have been arrested for allegedly committing a crime, you need to contact an attorney as soon as possible.
The key to getting someone out of jail usually involves paying bail. But before being released, a defendant must complete the booking process, a bureaucratic, often humiliating, procedure. Once that’s completed, the defendant can post bail according to a bail schedule and get released.
A person is said to be “ arrested ” when the police or law enforcement officers take the person into custody or apprehended the person.
Once a person is arrested, the next step is for the person to be searched.
Once you are arrested, you have the right to ask to speak to 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).
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.
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.
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).
The advantage of paying the scheduled payment is that the defendant does not have to wait for a judge's determination of bail. The disadvantage is that if the defendant waits to argue for a lower amount, a judge may set lower bail than the schedule.
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.
A judge sets bail based on factors such as: the defendant's financial condition. The purpose of bail is not to punish the defendant. When it comes to common crimes—for example, shoplifting or reckless driving—the police sometimes use preset bail schedules.
Making Bail or Staying Put. The next step involves bail. Mainly, it involves getting bailed out or being kept in jail. Interrogation and lawyers might not be involved depending on why the suspect is arrested. However, bail will always be significant. Bail is based on the crime, though a judge can raise or lower it.
You can expect several things during the first court appearance, including: The charges are revealed. The defendant is notified of their right to counsel and potentially assigned a public defender. Bail is decided. PRO TIP: Read this article on how to prepare for a court appearance.
DNA sample, which is generally taken through a cheek swab. Details about the arrest and the suspect. A big part of the booking process is including everything in the system. This not only gives the police a detailed record of the event and suspect, but it allows them to check it against other cases.
The first court appearance is where prosecutors get involved. There are exceptions, but for most arrests, the prosecution reviews the police report and files charges. At this point, you go from suspect to defendant.
The right to remain silent. The right to consult an attorney. The right to exercise the above rights at any time. Use your rights. Whether you are guilty or not, a lawyer will be a calm, collected presence during a stressful time.
Regardless of the crime, being arrested is a stressful event. Not only does it mean that the police will detain you, but it is usually the first step in a series of events that will include a trial and potential penalties, including incarceration. No matter what happens after, though, the first step will always be the arrest itself.
In those cases, the suspect is given a court date, much like those cited and released after the arrest. If that is not the case due to the severity of the crime, the suspect is kept in jail, which will not change until their first court appearance. In fact, this can last longer.
Yes. I recommend checking to see if both cases are sealed and dismissed. You can get a certificate of disposition at 100 centre street for $10 and confirm sealing. This expunged your dismissed cases. If they weren't dismissed or if you rec'd an A misdemeanor on your criminal record likely you must just be forthright with your ethics committee.
Relax. Your arrests will no, in and of themselves, be a bar (no pun intended) to admission to either law school or the profession. Assuming that you are admitted to law school, pass law school, and pass the bar there will then be an interview with (at least in New York) the Committee on Character and Fitness.
Admission to law school and the bar are on a case by case basis. I have a client currently attending law school with a felony conviction. I also know of several people who have been admitted or re-admitted to practice despite felony convictions.
Neither incident is an automatic bar to becoming admitted. Although you are right that it will definitely come up during the character and fitness interview part of the admissions process.
You'll need to disclose these on both your law school & bar applications. If you can demonstrate that you learned from your mistakes then you should be fine. Best of luck.
Neither incident would seem to be an absolute bar to either law school or admission to the bar.
Yes, it is possible. You would have to explain the circumstances in an honest way during your character and fitness interview. But there is no guarantee.