Determine when you can contact a lawyer. When you are arrested, law enforcement will either hold you in jail while you await your first court appearance or you will be released with the expectation that you will return to court when necessary. This decision will be based on the seriousness of your crime and your criminal background.
The defendant is arrested. The defendant is taken to the police station and booked. 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.
Despite the federal “rule” of 48 hours, state procedures regularly provide for bringing arrestees before the court within a 72-hour window. Sometimes prosecutors add or drop charges as the case progresses and they gather more evidence and information.
Grow Your Practice What Should You Do if You Get Arrested? If you have been arrested by the police, there are many things you should do. For example, you should generally remain calm and silent and get an attorney who can advise you of your rights and help you with complicated criminal laws and the legal system.
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).
For example, you should generally remain calm and silent and get an attorney who can advise you of your rights and help you with complicated criminal laws and the legal system. There are also many things you shouldn’t do if you’ve been arrested.
Try to remember the badge numbers of any officers you interact with, as well as their patrol car number (s). Make sure that your attorney is present for any questioning or discussions. Be sure that your attorney is present for any lineups or testing procedures (such as drawing a blood sample.
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.
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.
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.
To ensure that you cooperate and your rights are protected: Do not say or describe anything about the incident to the police. Do not yell or mouth off to the police or do anything to upset them. Do not attempt to run from the police. You will likely be caught and it will not help your case in court.
Wait to be booked. The police will let you make a phone call after you are arrested. However, you typically have to wait until you have been “booked” before you get your call. As part of the booking process, you will have to do the following:
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. Whether you were arrested for a minor criminal violation (e.g., state law possession of marijuana) or a serious felony (e.g., federal terrorism charges), a lawyer will help you negotiate with prosecutors, represent you in court, and ensure you receive a fair trial. Even if you do not end up hiring an attorney to represent you, they can still help you understand the charges against you.
If you can’t reach anyone on the first call, ask the guard if you can make another call. Generally, they will let you make as many calls as you need to arrange an attorney so long as you have been behaving yourself after getting arrested. Each jail has a different policy.
You can usually get a public defender if your income is low enough. After you are arrested, you will probably be taken before a judge within 24 hours for a “first appearance.”. At that time, the judge will ask if you can afford an attorney or if you want a public defender.
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.
To determine whether you are being charged with a state or federal crime, ask for clarification. Additionally, if you have paperwork with information about your charges on it, look at that. If the legal citation is to the United States Code (e.g., U.S.C.), you are being charged with a federal crime.
In some larger cities, there are pro bono organizations which send volunteer attorneys to see you in jail. They will not be your attorney throughout the entire case. However, they can give you advice and help arrange bail. They may also be able to help you find a more permanent criminal defense attorney.
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, ...
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.
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.
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.
Getting in-custody defendants in front of a judge quickly is one of the primary reasons for the initial appearance—it protects suspects from sitting in jail indefinitely without being informed of the charges and their constitutional rights.
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.
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.
If you are arrested, you will be handcuffed, and except in unusual circumstances, you will first be taken to the Precinct#N#Precinct#N#A district of a city or town defined for police purposes. May also refer to a police station.#N#in which the arrest occurred for initial processing. At the precinct, a police officer will interview you and ask for “pedigree” information, including your name, address, date of birth, Social Security#N#Social Security#N#A federal program that provides income, health insurance, and other benefits.#N#number, etc. Once you have been fingerprinted you will be taken to Central Booking#N#Central Booking#N#A facility that offers temporary stay to offenders prior to their arraignment#N#and processed for arraignment, which is an appearance before a judge.
Attorney-client interviews are usually held in interview booths attached to the holding cell outside the courtroom (the attorney will call your name out shortly before your case is to be called in court).
Thanks to successful litigation by The Legal Aid Society, people arrested in New York must be arraigned within 24 hours unless the police can provide a reasonable explanation for the delay. And because of our continuing and persistent vigilance, you can anticipate being arraigned within 18 to 24 hours.
At the precinct, a police officer will search you and take personal property, such as house keys, backpacks, purses, medication, large sums of money, or valuable jewelry, as well as any unlawful items you happen to have in your possession ( Contraband#N#Contraband#N#Any property that it is illegal to produce or possess.#N#). Items other than contraband are held for safekeeping while you are in custody. You will be given a “Voucher” form listing your property, so that you can retrieve it later. However, if an officer is processing a large number of arrests at one time, your Voucher form is not ready before you are taken to a cell or another location. If this happens, ask the officer for the “Voucher number” that will be used for your property, and also write down the officer’s name and shield number. Having this information will make it easier for you to retrieve your property once you are released.
To prepare the application for your release without bail, the lawyer may ask you to provide more information concerning your “community ties.”. The attorney may need to contact a friend or family member in order to verify the information, and may also want to have them appear for you at the arraignment, if possible.
If there is a warrant, you may have to spend additional time in jail before arraignment while the court locates the paperwork. If the warrant is from a county other than the one in which you are arrested, you may have to remain in jail after the arraignment and be transferred to that county. It is possible, but highly unlikely, ...
If you know in advance that you might be arrested (for example, you are planning to engage in civil disobedience during a demonstration, or voluntarily appear at a precinct at the request of the police), or are arrested at your home, you can prepare for arrest. Leave most personal property at home, but do take two forms of identification with you.
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.
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).
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.