Published on Sexlaws.org (http://www.sexlaws.org)

Arrest Procedures

What happens if I am arrested or if a warrent has been issued for my arrest?
If a warrent has been issued for your arrest, a member of law enforcement (a police officer) will attempt to locate you. If the officer finds you he will arrest you immediately and give you a copy of the warrant outlining the details of the charges filed against you. It is not a requirement that the police officer has, or presents a copy of the warrant at the time of your arrest; however, the officer should present a copy to you within a reasonable time frame.
During the arrest process you will be handcuffed and physically searched “patted down” and Mirandized. Then you will be taken via police cruiser or wagon to the police department or local booking facility. During the booking process there are a number of procedural requirements that are completed. These will include, but are not limited to:
  • Fingerprints
  • Photographs including face, tattoos, injuries, etc...
  • Confiscate and inventory all personal items including shoes, clothes, jewelry, money, etc…List Item 1
  • You may be strip searched including body cavities and supplied with the standard issue jump suit.
  • You will be assigned a holding location or cell where you will be held in police custody until a hearing takes place, usually 24-48 hours after booking.
Once taken into police custody you have the right to speak with an attorney. You will be allowed to contact an attorney and should be allowed time (probably minimal) with your attorney before the initial court hearing.

When you are called to appear before the judge, you are the “defendant” and the judge will outline the charges against you. If you were arrested on charges without a warrant, this may be the first time you will hear the charges against you. The judge will make a determination as to whether you understand the charges against you and will ask you to enter a plea. Your choices will be Not Guilty, No Contest, or Guilty.

There are many reasons a defendant might enter a plea of “Not Guilty” even if they are guilty of a crime. Often, up to this point, there has been very little time to speak to your attorney and/or you may feel there is not sufficient evidence to get a conviction against you. A plea of not guilty will be assigned a trial date and bail will be set (when applicable). With a plea of “Not Guilty” the state must prove beyond a reasonable doubt that you are guilty of the crime(s) charged against you.

If you pea “guilty” or no contest, there will be no trial and you will move directly to a “sentencing” stage of this process. The sentencing hearing can be schedule for a later date or it can sometimes happen directly after the pretrial hearing.

If your plea is “not guilty” the trial will happen one of two ways; it will either be a jury trial where a jury of your peers will deliver a verdict based on the evidence presented by both sides; or, you can waive your right to a jury trial and let the presiding Judge decide your innocence or guilt based on the same evidence. You should always seek advice from your attorney prior to waiving your rights to a jury trial.

Source URL:
http://www.sexlaws.org/arrest_procedures