The first thing that is going to happen after someone has been arrested is that they will be taken to either the city or county jail. They will be booked, processed, fingerprinted, and photographed. Their bail will initially be set, and they will be afforded the opportunity to call a bondsman. If a person is able to get somebody to bring money to the jail, then they could potentially get bonded out fairly quickly. However, if the arrest is for domestic violence, there is a 72-hour period in which they can be held.
What Are My Rights Once I Have Been Arrested?
There are two main rights that a person has after being arrested: the right to remain silent and the right to have an attorney. The right to have an attorney is the stronger right, so I recommend a person assert that right immediately. The reason it is stronger is because once a person requests to have an attorney present, the questioning has to stop and law enforcement cannot attempt to re-question the person without an attorney present. With the right to remain silent, law enforcement can attempt to re-question the person even after that right has been exercised. It is important to note that when exercising the right to remain silent, you must do so affirmatively, for example, by stating, “I am going to exercise my right to remain silent.” It is not enough to simply not talk.
Will I Be Arraigned Before I Am Released From Jail?
You could possibly be arraigned before you are released from jail. It depends on how long you are in jail. Inmates are given priority for arraignment, so if someone gets out of jail fairly quickly, then they may not be arraigned for another couple of days, weeks, months, or maybe even a years. It depends on that county’s caseload.
When Can I Contact An Attorney After Getting Arrested?
You should attempt to contact an attorney as soon as possible while you are in jail, but it’s probably going to be challenging. If you have an attorney’s number with you, then you can use the jail’s telephone system to contact that attorney. If a defendant knows people on the outside that they can call, then those people can contact an attorney on the defendant’s behalf. It is important to get an attorney as quickly as possible so that the attorney can begin collecting evidence, talking to witnesses, and building your defense. The attorney can also talk to prosecutors and try to head off charges before they are filed.
Some evidence, such as video, is perishable. This means that if a defendant waits a month or two before requesting dash cam or body cam video, then that video may have already been recorded over and is gone forever.
Can I Talk To An Attorney Prior To Making A Decision On A Chemical Test In A DUI Case?
In a DUI arrest, law enforcement will not allow a person to contact an attorney prior to taking a breath or a blood test. Part of the statement that an officer reads to the arrestee specifically states that they are not allowed to contact an attorney for advice on taking a test.
Can I Drive When I Get Out Of Jail After A DUI Arrest?
The ability to drive after a DUI arrest will depend on several things. Primarily, it depends on whether or not a request for a hearing with DPS was submitted within 15 days of the arrest. If no request for a hearing was made and the defendant was released less than or equal to 30 days after the arrest, then the defendant can drive—but only up until that 30th day. If more than 30 days have passed and no request was made, then the defendant’s license will be suspended and the defendant will not have permission to drive.
For more information on Aftermath Of An Arrest, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.