What Happens When You Get Arrested?

 In Criminal Defense

If you are arrested, the officer will take you to a police station, jail, or any other detention facility. You will photographed and your fingerprints will be taken.   When you are taken into custody, the police will take your your property, which you can retrieve upon your release. You will receive a copy of the inventory and all things will be returned on your release.

You have a legal right to remain silent and anything you say may be used against you in a court of law. It is important for you to consult with your attorney before answering any questions.  If you cannot afford an attorney, the court will appoint you an attorney. Also, you should not give any statements in the belief that if you cooperate they will let you go.

The first appearance is the first court date, and you will be seen by a magistrate judge within 72 hours of your arrest.   The first appearance will be your first opportunity to receive a bond. Depending on your charges, you may or may not receive a bond.  If you use a bonding company, you will not receive any money back that you pay on your bond.  However, if you pay the entire amount of the bond e.g. cash bond, then your money will be returned to you at the conclusion of your court case minus any fees. If you have good standing in the community and/or minimal criminal history, then the magistrate judge may reduce the bond or even waive it.

If you do not receive a bond at first appearance, your case will usually be set for another court date, which is called the preliminary hearing.  At the preliminary hearing, the judge will decide if there is probable cause to bind the charges over to the appropriate court.


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