What Happens When You Get Arrested?

Nancy Tosson Criminal Law

If you happen to get arrested, most likely you will be hand-cuffed and transported to a local police precinct. At this point, it is vital that you do not make any statements, neither oral nor written. After you are arrested the police should inform you of your Miranda rights also commonly referred to as the miranda warning.

“You have the right to remain silent. Anything that you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you free of charge.”

Miranda warnings are purposed to protect your constitutional rights.

At the local precinct, the police officers will ask you pedigree information, if not already attained at the scene. This information may include your name, phone number, social security number etc. The police will also search you and seize items that you have on your person. Once they have seized these items they should provide you with a voucher. There are two kinds of vouchers, one for safe keeping and one for evidentiary purpose.

The police will then transport you to central booking for finger prints, in the event that you are charge with a misdemeanor and/or a felony. You may also be interviewed by the Criminal Justice Agency, to assess your familial and community ties, which will later impact you at arraignments. You may also be able to make a phone call. It is important to remember not to say anything on the phone or to anyone pertaining to the events leading up to the arrest.

At this point it is recommended that you contact your lawyer. Once your lawyer arrives, ask that he/she contact any family members and ask them to appear at arraignments, in order to show the court that you have familial and community ties. You should be able to see a judge for arraignments within 24-48 hours once you have been processed.  During arraignments the prosecutor will make a bail application to the judge, if they will not consent to release.  The judge decides whether he/she will release you without bail, set bail, or remand you.

Know your rights, we are here to help!

If you or someone you know have questions regarding an arrest, be sure to drop us a line for a free consultation.