Arrest and Processing
After an arrest, there’s a number of common things that happen to process the charges and complete legally required steps for the arresting officer to document evidence and preserve due process. For the accused, it’s important to remain calm and compliant during the arrest and processing. Often if the person being arrested is unruly they can be charged with additional crimes such as disorderly conduct or obstruction. It does not benefit you to disobey the officer or to be difficult even where your rights were violated. As criminal defense lawyers, we believe the most important thing you can do after an arrest is request an attorney and stay silent until your attorney is present.
While it’s prudent to cooperate, you should not speak or make statements without an attorney other than basic information if requested of you such as name, address, or date of birth. Never agree or consent to a search because it will automatically give them the legal authority to do so in many cases and is an exception to the rights afforded against unreasonable searches. Ask to make a phone call and document all that happens during the arrest. Make sure to ask for the officer’s identifying information because the arresting officer is a witness in the case. Ultimately, you may be released by the officer or booked into jail pending an initial court appearance where bond and other issues can be addressed by the court.
Arraignment, Bond, and Pre-trial Conditions
Once the arrest is processed , the accused person will then go before the court for arraignment. At arraignment, the charges against them will be read and a plea of guilty, not guilty, or no contest will be entered. A bond will be set with certain conditions. The court will set a pretrial and trial date in the case. Bond allows an arrested person to be released from custody while waiting for their court hearings in certain cases. If granted, the bond is usually set within 72 hours with the conditions set by the court. The court will look at the severity of the charges, the criminal history, and involvement in the community.
The types of bond include recognizance, standard bail, or cash/surety bond. A recognizance bond does not require any upfront money. The person promises to appear for all court proceedings. A standard bail bond requires the person to pay 10% of the total bail amount to the court. At the end of all court hearings, a portion of the bond will be refunded. In a cash/surety bond, the full bond is paid to a bail bondsman and if the person fails to appear, then the bond is forfeited. The court may also include travel restrictions, probation monitoring, or use of a GPS monitor. Failure to appear for all court hearings will result in potential forfeiture of the bond.
Discovery, Motions, and Trial
After the arrest and initial arraignment, a prosecutor will look into the charge by gathering evidence and interviewing witnesses. If there is sufficient evidence to convict beyond a reasonable doubt, the prosecutor will exercise their discretion to proceed to trial unless the parties agree to a plea deal or other disposition of the case. Discovery will be conducted with both the prosecution and defense exchanging relevant evidence. It’s important that you have a criminal defense attorney obtain the evidence and conduct a thorough review to be sure no issues exist with the evidence that might impact a trial. Your lawyer will take time during discovery to obtain the evidence being used by the State and build evidence in support of your defense.
Based on the evidence, motions can be filed to either suppress the evidence, seek dismissal of the charges, or address other procedural issues. Plea bargains can be offered, and if accepted, will avoid a trial and end the case. If not acceptable, the matter will be tried to either a judge or jury. At that time, both sides will present their evidence and arguments. If found guilty, the judge will usually order a presentence investigation and set the matter for sentencing. At sentencing, the judge will consider many factors and impose a sentence based on those findings. If found not guilty, the case ends. There may be appellate issues that linger on depending on the nature of the case.
Dennis P. Sawan
