If You Are Arrested

If you have been arrested or accused of a crime, your chances of success depend not only on the skills of your criminal defense criminal attorney, but also on your criminal attorney's ability to navigate the criminal justice system effectively.

Police investigation - should you talk to the police?

It is usually best to make no statement and sign nothing!
If the police are investigating you, you may or may not be aware of it. At some point, they may ask you to come into the station and give a statement. You may believe this is your chance to tell your side of the story. Understand that this is a very dangerous time for anyone charged or under investigation for a serious offense.
Instead of talking to the police, consult with a criminal defense attorney. Your criminal attorney can intercede on your behalf and talk to the detectives. This is a great way to get valuable information and may result in charges not being filed. Most importantly, doing so will keep you from giving a statement that might ultimately be used against you. Any statement you make can be used by the District Attorney. Even statements made by you that you believe to be innocent can be damaging. For example, the police may not know whether you were even in the area of an alleged crime. If you make a statement to the police saying that you were there but had nothing to do with it, the District Attorney no longer needs to prove your presence at the scene of the crime. You have done that for them.

Can you be arrested without evidence?

The police can arrest you only if they have probable cause to believe you have committed the crime. Once they have probable cause, they can arrest you in a number of ways:
They can simply arrest you;

If they believe you are not a flight risk, they may submit your case to the prosecutor's office who in turn will send you a letter in the mail asking you to appear for an arraignment; or

They may ask you to voluntarily surrender yourself at the police station. Under the second and third scenario, your best bet is to hire a criminal defense attorney immediately.
 
A criminal defense attorney can help you arrange the voluntary surrender and even make arrangements to have a bail bondsman present so that you will not have to go into custody at all. In addition, they may be able to get you extra time before the surrender. If you receive a notice from the prosecutor's office, you will need a criminal defense attorney because your next appearance will be your arraignment date.

What is an arrest?

To protect your best legal interest, you should be aware of your rights in case you're ever arrested. First, it's a good idea to call an experienced criminal defense criminal attorney to help you make the right decisions. You have the right to an attorney; if you can't afford one, the state must provide public defense for you. Oral statements are admissible in court, so consider your right to remain silent before you speak to the police. You have the right to one phone call from jail to an attorney, friend or relative. The police are obligated to inform you of the charges against you. You have the right to a prompt hearing, and if held for trial, have the right to reasonable bail.
In cases of major crimes, bail will be at the discretion of the court. Consult an experienced criminal defense criminal attorney in your area for more information.

Criminal law & constitutional rights

All persons arrested in the United States have constitutional rights that are provided for their protection, regardless of whether they are citizens of this country.
Arrested persons have a right in most cases to a trial by a jury made up of six residents of the county where the offense occurred. They have the right to have this jury hear all of the witnesses and see all of the evidence approved by the court. They have a right to be present during the trial and while the jury is hearing the case. They have the right to see, hear, and confront the witnesses. They have the right to call witnesses of their own, and to have the court issue subpoenas to assure that they appear. They have the right to testify themselves should they choose to do so, but, in accordance with the right to remain silent, nobody can make a person testify if he or she does not want to.
Arrested persons have the right to a criminal defense attorney if they want one. If they cannot afford a private criminal defense attorney, and they qualify under state law, a public defender will represent them. The criminal attorney can act on their behalf before, during, and after the trial.
They have the right to have their criminal defense attorney ask questions of the state's witnesses at the time of trial. This is called cross-examination.
Finally, they have the right to have the state prove its case against them beyond a reasonable doubt using lawfully obtained and admissible evidence. For more information about constitutional rights, contact a qualified criminal defense attorney.

Criminal law & release alternatives

The most common way to get out of jail prior to the time of the trial is by posting bail. Some people choose to post a cash bond in return for temporary release. This bond is advanced by the defendant, or by an acquaintance or a relative of the defendant, and it consists of the total bond amount requested.
A popular option available to those who do not have enough money to get out of jail and pay the bond, or who do not wish to advance their own money, is the use of the services of a bail agent. He or she is a businessperson who will advance bail in return for a fee usually equal to ten percent of the bail amount. The bail agent will often require additional collateral. A criminal defense attorney can request a bail reduction hearing, where the amount of your bail may be reduced.

NOTE: If you use a Bail Agent – The Fee you pay is NON-REFUNDABLE. If you pay the bail agent / bail bonds company 10% - you will not get the 10% back. The 10% is their fee for lending you the money for bail.

Other release alternatives include recognizance programs, population cap release programs, and home confinement. However, application for these alternatives usually requires longer waiting periods in jail, and may not be available in all areas.
For more information on how to get out of jail and other release alternatives, contact a qualified criminal defense criminal attorney.

Posting bail

When posting bail, persons being held in a county facility after being arrested must find out whether a bond amount has been set for their release. In most counties, bond amounts are preset in accordance with the various crimes. Judges do have the power to change the bond amount in individual cases. Once you learn the amount of the bond, you should decide whether to pay the bond in full or to apply for the services of a bail agent.