What Happen After An Arrest? There Are Series Of Bureaucratic Legal Procedures You Go Through

Most people have never been arrested. Thus, many people don’t know the procedure. Below is a brief summary of how an arrest goes down in Florida and what to expect.

Police read you your Miranda Rights

Police are required to read you your Miranda Rights after you are arrested. However, there are times when the Police are not required to read them to you.

The police only have to read them if they’re going to question you. Remember that anything that you say can still be used in court against you. If you present information voluntarily, the officer can use what you’ve said without reading the rights. At that point, police have to stop interrogating you after you tell them you want to get an attorney. At that point, you’ll be able to talk to one.

Initial Processing

Police will handcuff you after your arrest. Afterwards, police will take you to the local police precinct. They will then process your arrest. An officer will then interview you. They will ask for your information, like your SSN, birth date, name, etc..

Police will take your fingerprints and then take you to Central Booking. They will then process you for your arraignment. This is when you go before the judge.

If you’ve never been in a jail, processing probably will come as a huge shock. It can be quite overwhelming and you’re going to be thinking about your future. Try remaining calm and keep in mind that you have rights to a trial. 

Questioning

Police will want to question you as soon as possible.

However, this is based on what police have charged you with and if you’re willing to talk.

This doesn’t mean you have to answer, and you can have a lawyer present, but it’s possible you’re going to feel pressure from the officers to answer. 

In just about every case, do not answer questions until you’re represented by legal counsel. Remember, police can’t question you if you demand a lawyer. They could jeopardize a case against you 

Ability to Post Bail

The court will generally allow you to post bail. However, there are rare exception in the case serious crimes or rare instances. When you’re in jail, this is the thing that you’re thinking about the most.

The court will allow someone to post bail on the arrestee’s behalf. This is going to serve as surety that you’ll appear in court.

Initial Hearing

It doesn’t matter if you have posted bail – you should have a quick initial hearing.

This usually will happen in several hours or two to three days.

The judge will state the charges against you at the hearing.  what penalties come with those charges. This is also when you’re going to plead not guilty or guilty.

Plea Bargaining

Most prosecutors are usually willing to resolve criminal cases out of court. This means because both parties (the defense and the prosecution) have a deal. 

Plea deals are common because all sides benefit. You, as the defendant, will be able to avoid a long defense and possibly a much harsher punishment. On the prosecution side, they save the money and time that having a trial requires. Courts can also cut down how many cases they’re hearing.
The defense or the prosecution can start negotiating over a possible plea bargain. However, both sides must agree before it happens. A plea bargain will usually involve a defendant’s guilty plea to one charge or to lesser charges. The plea also might be guilty as charged, and the prosecution may recommend sentencing leniency.

Trial

If the charges brought against you stick and there isn’t an offered or reached plea bargain, you’re going to trial. You probably know this. However, the prosecution will have to prove that you’re guilty beyond the reasonable doubt. The prosecutor is also going to be calling to testify against you. You also will be offered to testify.

These are the things that will happen after an arrest. Just make sure that you stay calm and don’t make any rash decisions.

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