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The Process of a Criminal Case: The Arrest

The first thing that will take place in a case is the arrest. In order to make an arrest the officer will need to have probably cause. This can be through a warrant that has been issued by a judge or they can make a judgment call that they will need to justify later. Upon taking a person into custody, their Miranda Rights will need to be read to them. These include the following:

  • The right to remain silent or refuse answering questions.
  • What the suspect says can be used against them in a court of law.
  • The right to speak with an attorney before speaking with the police.
  • For those who cannot afford an attorney, they can have one appointed.
  • If they do answer before their attorney is present, they can stop talking at any point and wait for their attorney to arrive.

When officers take the individual into custody there can be three results: the suspect is released and not charged, the suspect posts bail and leaves until their court date or they remain in jail and will be transported to the arraignment. If the defendant is charged, then the case will begin. The officer will write a report about the incident and why the individual was arrested. The prosecutor will then review it and determine if they are going to file charges.

Defendants have a right to a speedy trial so the prosecution will typically file the charges within the next 48 hours. Weekends, holidays and other court closure days will not apply to the 48 hour rule. If you have been arrested, contact our Pasadena criminal lawyer immediately to start defending you from the moment that you are taken into custody.