What Happens After an Arrest
Unfortunately anyone can be charged with a crime if the state believes with reasonable certainty that you where the one that committed such offense. Therefore, any criminal defense attorney will tell you that anyone can be arrested, and it could happen to you even if your only prior brush with the law was a simple driving offense. If you have gotten arrested are placed into custody here are some things that you need to know.
Ask law enforcement for a Lawyer – Call Attorney Amarosa
If you’ve been arrested and the police are investigating a crime and want to talk to you, you have an affirmative right to ask for a lawyer. The United State Constitution specifically the Fifth Amendment gives you the right to remain silent. Having a lawyer present at all questioning and claiming your rights shouldn’t present any sort of an issue. Talking to the police without a lawyer won’t change how you’ll be treated if the police suspect you have committed a crime. If you waive your rights and agree to speak with law enforcement, the things that you say or possibly confess to could come back and be used against you.
It can be hard to assert your rights when you’re in police custody, and don’t give in. Police may appear to promise things will go better if you just answer their questions. Do know that once you’ve asked to talk to a lawyer, you shouldn’t be questioned again. You should not volunteer any further information until your lawyer arrives.
Procedures after Arrest
Once arrested, and taken to booking at the police station or jail, your fingerprints will be taken and you will be photographed. If you have a bond you will be told and someone can post your bond in order to be released, if you cannot post a bond or do not have a bond then you be held over, placed in holding and wait until you’re taken before a judge or magistrate.
First appearance court is where the judge will advise you of your formal charges and you may be asked or offered some time of plea agreement whether you are guilty or not. If you are not sure on how to respond, either state you are not guilt or remain silent. Another issue that might come up will be bail and or bond issues. If you don’t have a lawyer yet, the judge will decide whether to appoint a lawyer to represent you, this will usually be the public defender’s office.
Bail and bond procedures are governed by state law. Generally, bail means you’re depositing a certain amount of money or pledging property to ensure you’ll return to court. If you don’t have access to funds or property, you may use the services of a bail bondsman. The bondsman posts a bond with the court, promising your return. You’re charged a portion of the full bail amount. If you do not show up in court, the individuals that posted you bond, “the bondsman” owes the court the full amount of the bail and will be looking to collect that lost amount from you or those who put up assets to help you.
Arraignment Court Date
Once you are charged with a crime, you will receive a court date for an arraignment hearing. The purpose of the arraignment is to have the charges read to you and for you to enter a plea. At this stage of the case your not presenting any facts or defenses, you will simply state whether you are pleading NOT GUILTY, GUILTY or in some cases you can plead NO CONTEST. You have the right to be present at the arraignment, and to have your lawyer there to represent you. Attorney Amarosa can help explain both the charges, and the plea you’ll enter.
Plea Bargains or Trial
As you case moves through the system, there will be point to where you may be offered a plea bargain from the prosecutor, or your case needs to go to trial. Actions you take from the moment you’re arrested can affect how your case will turn out. Having an attorney at the onset of your case is paramount. Your attorney will be able to counsel you on the strength of the state’s case and assist you in making an informed decision on whether to accept the plea agreement or take your case to the jury.
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