What Happens When You Are Arrested

What Happens When You Are Arrested

Being arrested is something that hopefully will never happen to you, but due to the fact that nearly 1% of all Americans are currently incarcerated — with even higher numbers for people of color — this is something that you should definitely be aware of. This is because if you make mistakes in this process, you could unwittingly end up with an even longer jail time. By reading this guide you will be able to fully understand what happens after an arrest, hopefully helping you out if you are ever in trouble.

You Will Be Read Your Rights

You will have heard this speech already in many an American film. This is called the Miranda warning. It will tell you that you have the right to remain silent, that you have the right to a lawyer, and that you have the right to an attorney. Being arrested can be something of a blur, so these are the words to listen out for. If you are arrested and you do not hear these words, then make a note of it as it can help you get the case struck out.

The Police May be Aggressive

Police have the right to frisk you and search you, as well as the increasingly controversial right to use force that they deem necessary. In this instance it helps to remain calm and comply with all aspects of the law, especially as the police carry guns and as the ongoing news has shown, they might even shoot you.

You Will Be Booked

Once you have been arrested and brought to a jailhouse, you will be booked. This usually involves the police taking your fingerprint as well as taking a mugshot. From there they have a few days in order to finally press charges. Either way, you will be sent to a jail cell and can proceed from there.

It Is Time To Post Bail

The bail bond system, unique to the USA and the Philippines, allows you to put up cash in return for leaving jail before the court date. Depending on where you live and the kindness of the judge, the bail amount may be rather large, which means that you may have to make use of a Daytona bail bonds service, who will offer to pay the bail for you at a premium rate. It is worth bearing in mind that the bail is refunded at the conclusion of the trial or if you are innocent.

Strike a Bargain or Prepare for a Court Date

Whether you are out on bail or not, if the officers decide to press charges a court date will be set. In the USA, however, most cases never make it to court, with defense lawyers preferring to strike deals that can give you a more lenient sentence. If there is overwhelming proof you did the crime, then it is better to strike a deal. If there is reasonable doubt however — for example, you have an alibi or you cannot really be pointed out as responsible — then it is worth contesting those charges.