What Happens After a Person is Arrested?
Before explaining step by step the process of getting arrested, it is essential to make a brief distinction between being detained and being arrested. Detention is when someone is kept in temporary custody and lasts a relatively short time.
During this time, the detainee’s activities are investigated to see if they can be charged with a crime. On the other hand, arresting someone means taking them into custody for a longer time. It may include transportation to another location and a possible trial.
Now that we have established a brief definition of the concept, we will elaborate on the procedures that need to be followed after an arrest.
Miranda Rights
Before any questioning or interrogation, the suspect must be informed of their rights to protect themself from self-incrimination. These are known as the Miranda rights and are as follows:1. You have the right to remain silent.
2. Anything you say can and will be used against you in a court of law.
3. You have the right to an attorney.
4. If you cannot afford an attorney, one will be provided for you.
5. If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
6. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
Essentially, the Miranda rights give you the right to refuse to answer the officer’s questions without a lawyer present.
Custody and Booking
During the arrest, a police officer might perform a "pat-down" of your clothing to ensure that there are no potential weapons you could use and search your vehicle. If you are being taken into custody at the police station, then the next step of your arrest is getting booked. This process involves recording information about the alleged crime and the suspect, such as criminal background, mug shots, fingerprints, full-body check, and eventually, incarceration.The Arraignment
Once the booking is over, the case is forwarded to the proper prosecutor's office, making an independent judgment on whether or not to press charges. You may also be able to post bail to get out of jail after your arrest and before your trial by paying the court to assure your presence in future trials.Finally, your arraignment is the moment when the charges against you are read in court, and you have to plead either guilty or not guilty. Law firms such as Giribaldi & Manaras, PC recommend hiring an attorney to represent you in court; in fact, they suggest that you contact an attorney as soon as you are arrested.
Another option is a no-contest plea, which is when you don't contest the charges but you don’t admit guilt either. In cases of minor crimes, it is better to plead no-contest and accept community service as a punishment. However, you should always consult your attorney before making a decision.
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Posted - 02/09/2022
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