What happens When You’re Arrested?
And what can you do about it?
Wrong place, wrong time, protests, young & dumb mistakes, institutional prejudice; there are countless ways you can find yourself being arrested. Getting arrested can be an intense and miserable experience, but if you ever find yourself in that situation, knowing what to do will help you get through the process and put yourself in a better position.
What does it mean to be arrested?
An arrest is typically when the police place a person in custody for some period of time, however short. In many cases, the arresting officer then transports the suspect to the police station. In most states, though, officers do have the option of arresting, citing, and releasing someone they’ve arrested for a misdemeanor. In that situation, the suspect is free to leave but is under an order to appear in court at a later date.
In the case of a traffic stop, an officer will pull you over, ask for your license and registration, and either check your information themselves or radio your personal information back to the dispatcher to check for any outstanding warrants or other issues. Once the officer determines that you need to be arrested, you’ll be handcuffed and placed in the back of a squad car. An officer can also show up at your home with a warrant for your arrest. In this situation, you’ll be asked to confirm your identity, they will read you your rights, and then place you under arrest. In both of these scenarios, you will then be taken to a local police station to be booked.
What happens next?
At the precinct, a police officer will search you and take personal property, such as house keys, backpacks, purses, medication, money, or jewelry, as well as any unlawful items you happen to have in your possession (contraband). Items other than contraband are held for safekeeping while you are in custody. You will be given a “Voucher” form listing your property so that you can retrieve it later. However, if an officer is processing a large number of arrests at one time, your Voucher form may not be ready before you are taken to a cell or another location. If this happens, ask the officer for the Voucher Number that will be used for your property and write down the officer’s name and shield number. Having this information will make it easier for you to retrieve your property once you are released.
If you have any item that the police officer believed to be contraband, that item will be listed on a separate voucher as “arrest evidence,” and will not be available for you to pick up later. It is also probable that you will be charged with a crime relating to possession of the contraband.
The booking process And Bail
After you’ve been arrested and brought into custody, booking comes next. Police personnel enter information related to the arrest and the arrestee into their system. You will likely be photographed and fingerprinted. In many states, personnel must also collect a DNA sample from the suspect— at least where the arrest is for a serious offense, like a felony. The sample usually comes from a swab of the inner cheek, then the DNA sample goes into a database. After booking, you will usually have a chance to make your phone call.
After you have been booked, you will have to be brought before a magistrate within 48 hours of your arrest for a bond hearing. This hearing is to set a reasonable bond based upon your arrest, your previous criminal background (if any), and your ties to the community. The bond is not supposed to be a punishment; it’s meant to assure that you appear at all stages of your criminal proceedings. If you make bond and then fail to appear in court, you forfeit that money.
If you are unable to make bond, then the district attorney has 45 days on misdemeanors and 90 days on felonies to decide whether to try your case. The time period can be longer for certain offenses such as murder or aggravated rape. If you are on bond, then these timelines are extended to allow the District Attorney more time to make their decision. If the District Attorney fails to make a determination by the deadline, then you are given what is known as a 701 release. This means that you no longer have a bond obligation. It does not mean that your case is over. The District Attorney has two years for misdemeanors and four years for most felonies before the statute of limitations runs on the case. Many crimes of violence, and sex offenses have longer statutes of limitations.
Once your case is accepted, you will then receive a notice to appear in Court for your arraignment. At this date you will hear the formal charges the District Attorney alleges against you. You will then enter a plea of not guilty or guilty. Upon entering a plea, most often not guilty, you will receive a new date. This is normally a motion hearing date or a discovery date depending on your case. Sometimes, if the Court thinks you can afford a private attorney, they may give you what is known as a hearing to determine counsel date for you to hire a lawyer.
At your motion hearing date, the District Attorney will present evidence to the Court to justify the arrest and acceptance of your case. Your lawyer will be able to cross examine the witnesses and make legal arguments about the sufficiency of the evidence. The burden is much lower at this hearing so more often than not probable cause is found and your case will be set for trial.
Many times, the District Attorney will offer a plea deal. This may be the reduction of the charge, or a pre-trial diversion program. Depending on your charge and the severity of the punishment sometimes you will want to carefully consider these plea deals to determine if they are in your best interest or if you should take your chances at trial. Hiring a competent attorney is important. You want to make sure that the lawyer who is defending you is able to protect your rights.
What should you do after you’ve been arrested?
First, if you are being arrested keep your mouth shut. Nothing you say can help or will get you out of trouble In fact, almost anything you say can only make the situation worse. So, when dealing with the Police the best policy is to be polite, compliant, and absolutely quiet.
Second, ask to see your phone and either call an attorney immediately or memorize the number to call from lockup, You will be given a chance to make a phone call but you most likely won’t have your phone. Most, police officers will let you pull numbers off your phone assuming you have been polite and compliant with them.
Don’t argue or fight with the Police. It should go without saying that they have you in the worst possible position. Angering them will only make your situation worse. If the police are doing something inappropriate make mental notes of names and badge numbers so that later on a complaint can be made. Don’t threaten a complaint or lawsuit, it will only make the situation worse.
When you get to lock-up make your call to your attorney. Our number is 504-300-8338. On the phone only tell the lawyer the pertinent facts. Do not get into unnecessary details as all calls are recorded from jail and can be used against you later on. If you cannot get a lawyer on the phone try and get a friend or family member on the phone so they can call the attorney. Again, do not get into unnecessary detail on the phone.
Remember that you will be stressed. However, try and keep calm and aware of what’s going on, This will help your lawyer later on if there are legal issues with the reason the police stopped or arrested you. Always try to be polite and compliant if you can. While this may seem to go against the situation you are in it will help down the road. Many police officers do not appear on traffic or municipal tickets unless the person they gave the ticket to was a real pain. So, being nice if you can might go the extra mile to helping get your ticket dismissed.
Take away
rules:
1) Keep your mouth shut. Remember: Anything you say can and will be used against you
2) be polite and compliant, you don’t want to make any more trouble for yourself
and 3) call your lawyer as soon as possible. We are available to help with the initial arrest all the way through the expungement process. If you’re in legal trouble call us as soon as possible so we can help with your case. Remember … When No One’s Carin’ Call McLaren!