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There are certain rights that are protected under the law when an individual is placed under arrest. Though rights may vary across states, some fundamental rights include:
After an individual has been arrested, they are taken to be booked or processed. Generally, a police officer will:
Following this process, a suspect will be placed in a secure location to await trial or the posting of bail.
Yes. Although arrestees cannot be held without formal charges for an unreasonable amount of time, the Constitution does not specify what this time is. Because these limits are not established in the Constitution, they are typically set by the states. Generally, if you are placed in police custody, your right for a speedy trial typically requires the prosecutor to decide charges within 72 hours.
Yes. When law enforcement has a reasonable belief that a person has committed a crime, they can take that person into custody. Police cannot base an arrest on a hunch or a guess, they must have an objectively reasonable basis for their belief, based on facts and circumstances. Probable cause for arrest exists when facts and circumstances known by the police officer would lead a reasonable person to believe that the suspect has committed, is committing, or is attempting to commit a crime.
Have you been arrested or facing criminal charges? Whether you were arrested for a misdemeanor, felony or are being investigated for a criminal offense, a criminal defense attorney can help protect your legal rights.
Things move quickly after someone is taken into custody following an arrest. The criminal justice system can be difficult to navigate but an experienced criminal defense lawyer can help you through the process. After an arrest, you will likely be taken to the police station for booking and processing. Booking includes taking a mug shot photograph and fingerprinting. After booking, you may be released, have to post bail, or be taken to the court for arraignment.
For many minor offenses, the defendant can be released on their own recognizance - meaning you do not have to pay bail - with a promise to appear in court. Alternatively, a friend or family member may have to post bail for your release by putting up money or going to a bail bond service. For serious charges, you may have to stay in jail until arraignment (your initial court appearance).
During the arraignment, the judge will read the official criminal charges filed against you, and you have to respond one of the following:
If you plead guilty, the judge may sentence you and that will be the end of your criminal trial. If you plead not guilty, your case may be put off to a future court date. Find a criminal defense attorney in this directory to represent you or your loved one in the criminal case, including plea negotiations, filing pretrial motions, criminal defense in a jury trial, and if it becomes necessary to file an appeal.
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