If an officer has seen you commit a crime, has probable cause that you have committed a felony, or a judge or magistrate has issued an arrest warrant (supported by probable cause), an officer may perform an arrest.
Your Miranda Rights
Every person who is arrested by police must be informed of their legal rights to remain silent and be assisted by an attorney. A police officer will read you your “Miranda rights” (named after the 1966 U.S. Supreme Court case Miranda v. Arizona.) They will say something similar to “You have the right to remain silent. You have the right to an attorney. If you cannot afford an attorney one will be appointed for you. Anything you say can and will be used against you in court. Do you understand these rights?”
Invoke Your Rights
The most important things to remember if you are arrested are that you have the right to remain silent and the right to an attorney. These are your fundamental rights but they will only protect you if you use them! You can give the police your name and basic information (address, birth date) but do not tell them anything else. Do not answer questions or attempt to give explanations. Police are trained to tease out incriminating information. Talking after an arrest will likely only hurt your situation. Say, “I wish to remain silent and I would like to talk to a lawyer.” Once you have invoked your rights, be quiet. After making this statement, any interrogation must cease until an attorney is present.
Search, Seizure, Transportation, and Arrival
After an arrest you will be searched (at the scene, at jail, or both) and any evidence or contraband will be seized. After an arrest you will be transported to a nearby jail booking facility. If you have physical injuries or the officer believes you are experiencing a mental disturbance, they may take you to a hospital or treatment facility.
Jail Booking Process
Upon arrival to the jail you will be immediately booked or placed in a holding cell to await your turn. You will be photographed, fingerprinted, and have your personal identification information entered into a computer system. There will be a record of your arrest and the booking officer will use your information to check for outstanding warrants.
Phone Call and Custody
After the booking process you will be allowed to make a phone call. Use this opportunity to call a friend or family member who can contact a bail bondsman. Assume any calls you make are being recorded and monitored. You will be put in a jail cell where you will remain in custody until you are released by a judge or you post bail. Continue to remain silent. Do not talk to the other inmates about your case.
Contact Us for Your Bail Bond Needs
Being arrested can be unpleasant and stressful. Hopefully, your arrest will be a short and uneventful one. If you find yourself in need of a bail bondsman so that you can get out of jail and begin the process of fighting the charges against you, call us today!
**This post does not constitute legal advice; all content is for general informational purposes only.