What You Should Know if You are Arrested

Posted By The Law Offices of Matthew Cargal || 16-Apr-2013

After an arrest, what can you expect to happen? There are a number of questions you may have and there are key items that you should be aware of. The first thing you can expect upon being taken into custody is that you should be read your Miranda Rights. Officers are obligated to inform you of these so you understand what your rights are and these are protected under the Constitution. This will include the right to an attorney and the right to remain silent. If you are arrested or are detained by officers for questioning, beyond providing them with your name, address and some type of identification, you do not need to answer their questions.

After officers inform you of your right to remain silent you can choose to give this right up and answer questions. It is usually best to only do this under the guidance of a professional. You will have the ability to make three calls for free and after this the calls that you make will be collect. If officers need to obtain evidence from you such as a chemical test, they can do this once you have been taken into custody. You should contact an attorney immediately after you are arrested so that they can be there to protect you throughout the process. When officers are questioning you, they may come to a decision that they do not think you are guilty. At this point they can release you and the arrest will instead be considered a detention. If they still believe that you are guilty they can book you, taking your information down, confiscating personal items and taking pictures of you for records. At the arraignment you will be read the charges against you and asked how you plead.

Bail will also be set and the type of crime and any criminal history will be considered in this decision. During the arraignment bail may be increased or decreased. In order to be released you will need to meet this bail amount and agree that you will return on the date of your trial. The preliminary hearing should take place within 10 court days of the arraignment and at this point evidence will need to be offered by the district attorney's office that provides reason to assume you committed the crime. If the judge finds that there is enough evidence to make this assumption, a jury trial date will need to be made. The process after an arrest may seem to come all at once and you will want a strong attorney representing you along the way. Find out what a Pasadena criminal defense lawyer from our firm can do for you by setting up a free consultation with The Law Offices of Matthew Cargal.

Categories: Criminal Defense

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