What Are the Steps After Being Arrested
What are the steps after being arrested? This question might be on your mind, and if it is, then you have come to the right place.
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.
Being Taken into Custody
Regardless of the reason for an arrest, it is not official until you are taken into custody. It might be a short process, or it might last a considerable amount of time, but this is where everything begins.
Normally, it involves the suspect being taken to the police station by officers. However, there are times when being arrested is more catch and release. These situations involve things such as misdemeanors. In some cases, a suspect is arrested, then cited and released. Even though they can leave, it will still involve a court date and charges.
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This step comes after an ordinary arrest, where the suspect is taken to the police station and not released at the scene. In these cases, information is gathered and input on a computer. The information might include things like:
- Photographs of the suspect
- Fingerprints of the suspect
- 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.
You might be questioned during the booking process, but those questions will be limited to that process, including things like your name and address. However, when the questions begin to focus on your case, it becomes a custodial interrogation.
Custodial interrogations might or might not happen. However, if they do, you can be assured that you have many rights, mainly your Miranda rights. These include:
- 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. With a lawyer present, you will not have to face the situation alone, and you can be sure that you are exercising your rights as best as you can.
Keep in mind that this might be the most important part of your case. In many situations, the interrogation is used to gain more evidence, something you want to avoid allowing them to do.
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. However, some people don’t have to worry about a judge’s role. Depending on the crime, some suspects can post bail within a short amount of time after being arrested. 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.
The First Court Appearance
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.
When this happens depends on various things, such as the severity of the charges and court availability. However, for those who were kept in jail, it typically occurs faster. 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
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The Court Case
From there, the court case officially begins, with the details depending on the charges. While the rules of the jurisdiction and facts can also influence the process, the end goal will always be the same: proving guilt without a reasonable doubt. The prosecution must prove that the defendant committed the crime. Your best bet in any arrest is hiring a criminal defense attorney for representation. With a lawyer by your side, you can expect charges that are lessened significantly.
Barkemeyer Law Firm is a law firm you can trust. Reach out today to speak to someone in our office about your case.
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Everything starts with being taken into custody. After that, you will be booked, potentially interrogated, and then either released or held until you either make bail or go to court for the first time. After that, your case will begin, and the rest depends on your charges and the evidence against you. Now you know about the steps after being arrested.