Getting arrested is a frightening experience for anyone, even someone who has been arrest before. Did you know that the United States makes more than 10 million arrest every year? This statistic means that every three seconds, there is someone being arrested somewhere in the United States.
The reason why it is a frightening experience is that there are plenty of aspects that are beyond your control. You don’t know what is going to happen. Emotions also tend to run high, which can sometimes escalate the situation.
Stroleny Law, P.A. recognizes that staying calm during and after your arrest isn’t easy, so it’s important to have a lawyer with you. But before diving into why you need a lawyer after your arrest, let’s look at what happens after an arrest.
The Booking Process
After you are arrested, police take you into custody and book or process you. The booking process involves the following procedures:
Recording Vital Information: A police officer will record your name, contact information, and the charge, which contains the code section. Much of the information they need will be taken from the account of the incident or police citation.
Mug Shot: Next, you proceed to stand or sit for a series of photos, which are commonly referred to as mug shots. These shots indicate your height, date of arrest, and valuable information tied to the crime or incident.
Confiscation of Personal Property and Clothing: Once the mug shots are complete, the next is confiscating your personal property and clothing. Your items are held until you are released. You will, however, be provided with a jail uniform.
Fingerprinting: Your fingerprint impressions are then taken by an officer. Usually, the officer will require an impression of all your ten fingers from side to side. So, if the crime you were arrested for requires fingerprint evidence, they will use your fingerprint impressions to eliminate you as the suspect or find a match.
It’s also important to note that your fingerprints will be kept in the police database indefinitely.
The Arraignment
After the booking process, the next step is your arraignment, which typically happens within 24 hours. During your arraignment, the judge will advise you of your rights. A judge will also inform you of the charges brought up against you. The judge can sometimes set bail and determine the conditions of your release.
Plea Bargain
For some cases, it is possible to resolve them outside court through negotiations. Generally, if you go for a plea bargain, it’s important to recognize that you will have to plead guilty in exchange for a lesser sentence or reduced charges.
The Trial: If a plea bargain is a no-go option, you will have to settle your case in court.
The Sentence: If a jury or judge finds you guilty, you will be sentenced. The fines, length of imprisonment, and other sanctions will depend on your case.
You don’t have to go through the entire process alone. Having a lawyer from the start to the end of the entire arresting process can help you in the following ways:
Offer You Advice
Your lawyer is familiar with criminal law. They can offer advice on what to do and say while in police custody. And based on the advice your lawyer gives, you can sail through the entire process calm and composed, knowing your attorney has your back.
Remind You of Your Rights
During an arrest, people tend to forget the most basic details. One of those details is their rights after an arrest. Your lawyer can help remind you of your rights during your arrest. They also ensure that the police follow through with those rights. As a suspect, you have the right to:
Remain Silent: This protects you from giving statements to a police officer beyond your name, date of birth, and address.
A phone Call: This right allows you to make a call to an individual of your choosing. During the phone call, ensure that you provide your lawyer or that individual with information about your whereabouts, your charges, and how to get you out of jail if bail is an option.
An Attorney: You have the right to have a lawyer present to offer legal advice and counsel during the arrest process.
Negotiate for a Plea Bargain
Your attorney can also help you negotiate a plea bargain. They are familiar with most prosecutors, so they can properly negotiate with the prosecutor on your behalf.
Having a lawyer by your side through the entire arrest guarantees you don’t have to walk alone. So, if you ever find yourself with handcuffs on your hands, never hesitate to call an attorney immediately.
