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What to Do When You Have Been Arrested
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After an accused has been arrested for committing a crime, what happens next and what should he do next? Once an officer has taken the accused into custody, he is no longer free to walk away, and the arrest is complete. An arrest is only proper and legal if the officer has probable cause to believe that the accused committed an offense or was about to commit an offense. An arrest is also proper when it is being conducted pursuant to an arrest warrant. However, if the warrant is not valid, numerous other issues will be raised.
After the Arrest
After the accused has been arrested, he is transported to a police station. The accused is "booked." This means that his name is taken or ascertained, his photograph and his fingerprints are also taken. The crime that the accused is charged with is also entered. The accused is usually put into a holding cell. He is entitled to make a phone call within a certain period of time that differs from state to state. Typically, the time frame in which the accused may be held for is 48 hours.
Questioning and Procedure After the Arrest
Once the accused is in custody, he is entitled to be given his Miranda rights. However the officer is not required to give the accused his Miranda warnings at the time of arrest. As long as the accused receives his Miranda warnings prior to a police interrogation, the warnings are sufficient. If a police interrogation is conducted and no Miranda warnings are given to the accused as required, any statements that he may have said to officers cannot be used against him. The accused can elect not to speak to officers and request an attorney. If the accused is unable to afford an attorney, one may be appointed after a judge has determined that the accused is indigent and unable to afford an attorney. The accused is not required to say any magic words to the officers if he chooses not to speak. The accused could just sit there during the interrogation and say nothing at all to the officers.
After an accused has been arrested, he may appear before a judge or magistrate. At that time bail may be set or the accused may request to be released upon his own recognizance. The judge will determine the amount of bail or deny the request depending upon the severity of the offense involved, the accused's risk of flight, and criminal history of the accused. If the accused is released on bail or his own recognizance, he is given a date in which he is required to return for an arraignment. An arraignment is a procedure in which the accused enters a plea to the offense for which he was charged. The accused may waive his right to an arraignment and cooperate with the prosecution if he seeks to enter into a deal with the prosecution by entering a guilty plea to the offense charged or perhaps a lesser offense.
Copyright 2010 LexisNexis, a division of Reed Elsevier Inc.
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