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13. What Happens after an Arrest?
Being arrested can be one of the most frightening experiences a person can experience in life, especially if it is his first time dealing with the criminal justice system or spending time in jail. Once you’ve been arrested for a crime, you may feel like you’re surrounded by people who dislike you and are out to get you on the worst day of your life. Police, district attorneys, correctional officers, and even public defenders need to approach their role in the legal system in what is often an abrupt and business-like way, leaving you with a ton of questions and very few sources for answers.
When you are arrested, you will immediately be taken to the police station for interrogation or to the city or county jail to be processed. If you are taken to the police station for questioning, it’s important to remember that you are not obligated to answer questions and free to leave until you’re arrested and read your Miranda rights. Once this happens, your best bet is to keep quiet and invoke your right to a criminal defense attorney.
If you are taken to jail for processing, you will be searched and fingerprinted. You’ll be permitted to make a phone call to anyone you choose. During the booking process, someone will explain the charges against you and let you know whether or not a bond has been posted. For many misdemeanors and non-violent felonies, you’ll be given the opportunity to post bond immediately. If you don’t have a record, you may be offered a signature bond, or the opportunity to be released by having someone post 10% of your bond. So, if you’ve been booked on charges with an $8000 bond and you’re denied a signature bond, someone can take a trip to the bail bondsman and pay $800 to have you released.
When you’re booked for a more serious offense or don’t have the money to pay your bond, you’re going to have to spend at least a night or two in jail. Usually on the first business day following your arrest, you’ll have an arraignment hearing. At this point, you’ll enter a plea and have a public defender assigned to you, if you don’t have a defense attorney. The arraignment judge will then determine whether or not it is appropriate to release you pending your court appearance.
After being arrested, a defense attorney can be your best friend, and should be your first phone call when possible. It’s very difficult to accomplish much on your behalf once you’re booked into the system, but someone fighting for you can facilitate a much faster release.
This guide is simply to serve as an explanation for what you might be dealing with following an arrest, and is not legal advice. For advice on criminal matters or any specific case against you, your criminal defense attorney should be your first point of reference. If you have further questions, it’s best to consult in any County defense attorney.
I. Please indicate and explain any incorrect statements you may find in the following sentences:
Arrest is quite easy experience for a person.
Once you are committed to custody you’d better call for a counsel.
On the first working day after arrest you may forward a petition.
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