What happens when you get arrested?
If you have ever been arrested you may be familiar with the process. However, for those of you who have never been arrested this guide will shed some light on the basic process of what happens when you get arrested. There are a set of events that follow when a person is no longer free to leave the scene.
Once you are in police custody and no longer free to leave the scene you will be read your rights. The Miranda rights were ruled in 1966 in the United States Supreme Court who ruled in Maranda v. Arizona.
This states that individuals who or under arrest or have committed a crime do have rights that must be explained to them. Because of your Fifth Amendment right to be free from self-incrimination, the following will be read to you:
- You have the right to remain silent.
- Anything 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 provided for you.
- Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?
During an arrest
You will be placed in handcuffs and you probably will get a pat-down of your outer clothes as a precaution. This is done to see if you are in possession of weapons, contraband, or anything else that could be evidence in a crime.
Once secure, you will be placed in the back seat of the patrol car for transport. If you are by yourself your vehicle will be in the possession of law enforcement and also searched. Your car could be towed and impounded.
Booking Process
Personnel property
You will have a chance to sign an inventory sheet that states what the contents are that you had with you. This includes wallet, money etc. Once released these personable belongings will be given back to you.
Booking
When you are booked a few things will happen. You will be asked to provide basic information about yourself, you will then be fingerprinted and photographed.
Depending on the charges there could be more things you would need to do like writing samples or line-ups if witnesses need to make a connection. Once you are complete with the process of booking you are held in jail until either charges are filed or they are not.
Post Booking
Having the right to a speedy trial means that a prosecutor has a certain amount of time to files changes depending on the state its within a 72 hour period. If you are found that charges will be brought against you then you will be heading to your arraignment.
This is where you will be asked how you are going to plead. It will either be guilty, not guilty or no contest. Again, depending on what the crime was you may post bait.
This is the process of paying money to the court in return you ensure that you will be at your future court appearance. Bail money, if you do show back up to the court, will be refunded. Skip court and you will lose your money and also have a warrant out for your arrest.
Get legal help
If you or someone you know have been arrested it may be smart to look for legal help in trying to fix your situation. You do have rights and hiring an experienced attorney can help you discuss any legal rights you may have. What happens when you get arrested is only the beginning. There may other issues and obstacles that you may need to overcome in the future and finding legal help may be your best option.
