What Can I Expect To Happen In The First 24 Hours After An Arrest?
When a person is arrested, they are typically taken to a police station or jail. They will then go through the booking process, which can take several hours. Their person will be searched pursuant to the “search-incident-to-arrest” exception to the fourth amendment warrant requirement. Their belongings will be inventoried and searched for any additional evidence pursuant to the “inventory search” exception to the fourth amendment warrant requirement. They will also be photographed and fingerprinted so that physical identifiers associated the individual with the new charges. The jail often performs the task of initially setting bail, which may then be reviewed by the judge at a bail reduction hearing. Bail is either cash only or bondable, meaning the person can pay a bond company 10% and have them post the rest. Once released, the person will be given a court date on which they are expected to appear. If bail is not set or is unattainable, the person will be held in custody until trial (and possibly sentencing), unless the jail agrees to release the person “OR” (own recognizance, where a person promises to appear) or the person is released to some other supervising agency, such as Salt Lake County pretrial services, for instance.
What Rights Do I Have After An Immediate Arrest?
You have the same rights after an arrest that you had before the arrest. Those rights include the right against unreasonable, warrantless searches and seizures (subject to the exceptions), and the right against self-incrimination. If the police begin asking you questions or interrogating you while you are in custody, then you have the right to be notified of your Miranda rights. The Miranda rights inform you of your right to remain silent, and that anything you say can and will be used against you in the court of law. They also inform you of your right to have an attorney present during questioning.
For clarification, Miranda rights do not have to be read based solely on an arrest; you have to be in custody AND in the process of being questioned or interrogated. If a person chooses to share information that ends up incriminating them, the Miranda rights do not apply. Never spontaneously volunteer any information to police while in custody for an arrest. It is always advisable to request and have an attorney present before answering any questions from law enforcement.
Will I Be Arraigned Before I Am Released From Jail?
In some instances, you will be arraigned before you’re released from jail for low-level misdemeanors. Those arraignments are often done by video conferences from the jail. For higher level misdemeanors and felonies, the arraignment takes place later on in the process, but an initial appearance is usually required within a week or two of the arrest. If you’re still in custody, then you’ll be transported from the jail. If you’re out of custody, you’ll be expected to take yourself to court and appear before the judge to enter a plea of guilty, not guilty, or no contest. It is always advisable to consult with a defense attorney (and not the prosecutor) about your case and possible defenses prior to pleading guilty or no contest.
At What Point Should I Contact An Attorney After An Arrest?
You should contact an attorney as early on in the process as possible. Even if you are still on the roadside after having been stopped, you should call an attorney. After a person has been arrested, an attorney can help with securing a release and securing a reduction of bail. They can also begin reviewing the case, mitigating the circumstances and advocating on your behalf. An attorney can make a difficult and painful process as easy and painless as possible.
Can I Contact An Attorney Prior To Making A Decision On A Breath or Blood Test In A DUI Case?
While you can contact an attorney prior to making a decision about whether or not to take a blood or breath test, the police are not required to allow you to. However, it can never hurt to ask. If you inquire about speaking to an attorney, the police are required to read an admonition informing you that the breath and blood test is civil administrative in nature; it is not criminal, so you don’t have the right to have an attorney present. If an officer forgets to read that admonition, then that can be grounds for avoiding a suspension of Utah driving privileges.
How Do I Know What To Do After I Have Been Released From Jail?
When you are released from jail, you should have a property inventory sheet. You may also be given a court date on which to appear. However, court dates are not always set at that time; oftentimes the jail will instruct you to contact the court to schedule a court date. You should contact an attorney right away to begin discussing your case and pursuing possible defenses and mitigating circumstances. It is often beneficial to take time to sit down and make a written memorial of sequence of events in question in order to preserve your freshest memory of the recent events for later reference, since memory often fades over time.
For more information on Aftermath Of An Arrest In Utah, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 455-1743 today.
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