Understanding What Occurs After An Arrest

Once an arrest has been made, the actual criminal process starts

. This process comes to end when a verdict is finally made and punishment is carried out as ordered. Many people can easily become overwhelmed when they have been arrested. Understanding the basics will make it easier for a person to make it through the arrest, entering the plea, going to trial, and sentencing. There is no reason to become lost throughout the shuffle.

The Arrest

A common mistake is for a person to assume that the arrest process is the same everywhere. Laws vary from jurisdiction to jurisdiction and as such, it is possible to be arrested for something in one location that would not have caused an arrest in another. There are general guidelines that can be applied when determining whether or not an arrest will be made. A police office can make an arrest if he or she witnessed an individual commit a misdemeanor, if there is reasonable cause to think that the suspect is guilty of a felony, or if an arrest warrant has already been issued for the person in question. The arrested person will then be put into custody at the local precinct.

When an arrest takes place, you must be informed of your constitutional rights. Many people are familiar with the Miranda rights which are mandatory for any arrest process and include advising you of the right to counsel and the right to remain silent. Contrary to popular belief, people are allowed more than one phone call so that important people can be notified and a lawyer can be contacted. The police must charge you with a crime within a certain amount of time or you must be released. This time frame varies from place to place.

If you are charged for a crime, your finger prints will be taken and you will be processed. All of your belongings will be held, but should be returned on your release. Pay close attention to the inventory of your belongings so that you know the inventory sheet you sign is accurate. Some people will have the opportunity to go home after making bail while others will be kept in custody until a hearing takes place. The circumstances of the crime will determine whether or not bail is an option.

Entering a Plea and the Trial

Each person is given a court date where he or she will be given the chance to enter a plea of "no contest", "guilty", or "not guilty." If a plea of "guilty" or "no contest" is made, a trial will not be held and sentencing will be issued. Yet again, the nature of the crime will dictate whether or not you have to stay in custody until sentencing or if you can return back to court for sentencing. Anyone entering a plea of "not guilty" will have to stand trial. If you are found innocent, you should be allowed to go free. If the verdict is "guilty", you will go through the sentencing process.

Get Assistance

Going through this process on your own can make the entire situation much more difficult than it needs to be. A competent defense lawyer will be able to guide you every step of the way. If you are found guilty of the crime, a criminal defense attorney can help substantially reduce sentencing.

by: Mike Douglas

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