An arrest process can be a terrifying experience, whether you are innocent or not. Being arrested is a critical situation for any individual, and you must remember that everything you say or do will be used against you.
That’s why the best thing to do after you are arrested is to seek the help of a lawyer. Most law firms operate 24/7. Visit here for more information. Let’s see exactly what happens after an arrest:
The Arresting Process
An arrest can be made while you are being investigated or immediately after the officer considers that they saw a crime, but not always. When you are detained, you may likely be handcuffed.
On some misdemeanors, you can also receive a “Notice to Appear” (a citation), which demands you to appear on a specific date and time. If you do not appear, then it is possible to receive a warrant for your arrest.
A “Notice to Appear” is considered an arrest, although you are not taken to prison, and the legal process starts. You can cooperate with the police calmly, but do not speak to them or answer their questions without your attorney. It’s important to know that you have the right to an attorney and be sure to exercise this right immediately.
If you are uncertain whether to talk to the police or answer their questions, exercise your right to remain silent until you can speak with a defense attorney. Your statement that you would like an attorney gives you a set of powerful constitutional protections. Remember that just because you are arrested does not mean you will be charged.
Once detained, you will be transported to a booking location for further processing. As part of this procedure, the officers will take your picture and inventory anything you have on you at the time of the arrest. Both the arrest and booking will occur on the same day.
At this moment of your retention, you should get a phone call. So, contact an attorney as soon as you’re allowed. If you have an attorney, they should be contacted right away. An attorney will explore every possible option available for your defense.
At the arraignment, you and your attorney will appear before a judge who will inform you of the charges against you and ask that you enter a plea. That plea can be guilty, not guilty, or no contest.
Your attorney will tell you which plea you should enter. This “First Appearance” is seen as an arraignment for misdemeanor trials informing you that a plea of guilty, no contest, or not guilty is necessary.
This is your first step to walking into a courtroom after you are arrested, where you, your attorney, the prosecutor, and the judge discuss the case. In Florida, this can take up to 24 hours. The purpose of a first appearance is for your lawyer to represent you and struggle for your release or a reduced bond.
Ideally, you will be bailed out of jail on the first day that you are there. But some offenses are not bailable before you see a judge. The attorneys and judge will also establish whether the case needs a jury trial or not. Sometimes a case can get dismissed at the pre-trial conference, but if not, it will go to trial.
Your case will be presented before a judge and jury, and the attorneys will argue about your guilt or innocence before them. Once the attorneys have finished making their arguments, the jury will decide which attorney made the most convincing pleading and hand out their verdict.
You can see that an attorney is essential after being arrested, so you should call one as soon as possible. Your Miranda Rights include the right to an attorney, so you should exercise that right as soon as possible to protect your rights.