If you have been arrested or know someone who has, the first thing you should keep in mind is the importance of keeping calm and following whatever instructions the police are giving you. Importantly, also keep in mind the fact that you do have the right to remain silent and ask that your attorney be present before any further interrogation takes place.

Your Miranda Rights

After your arrest, you are taken into custody where you will be read your Miranda rights before being questioned. You will be informed that:

• You have a right to remain silent.
• Anything you say may be held against you in court.
• You have a right to have your lawyer present and should you be unable to afford one, one will be appointed to you.
• These rights can go into effect at any time.

Whatever you say before being read your Miranda rights cannot be used against you in court. It’s important to note that the police are only required to read you your Miranda rights if they are questioning you and you aren’t free to leave. If you spontaneously offer information or if you answer questions after they tell you that you’re free to leave, Miranda does not apply.

Legal Procedures for an Arrest

Once you are taken into custody and are no longer free to walk away, you will:

Be Searched and Have Your Possessions Inventoried

First, you will be patted down so that the police can discover whether you are carrying a concealed weapon in your outer clothing. Then your person will be fully searched as well as your surroundings in an attempt to find out if you are carrying a weapon, items that might have been stolen, illegal contraband, or any other evidence of the crime. If you have a car or any other belongings, those may also be searched.

An inventory will be put together to reflect whatever personal property or funds you had on you. You will be able to review and sign this document. Read it carefully to confirm that nothing that you do not recognize as yours appears on that list.

Be Booked

Booking is the process through which you are asked for all your personal information, your fingerprints are taken and so is your photograph. This information is passed on to the prosecutor’s office and a decision is reached regarding what charges, if any, should be filed. These charges can be modified, dropped, or supplemented as further evidence is gathered.

Be Charged

At this point, you will appear in court or through a video session, and be able to hear the charges that have been filed against you. You will plead guilty, not guilty, or no contest, depending on the case. If you post bail, you may be able to leave custody. If you appear in court when called to do so, your bail will be refunded to you. If you fail to show up, the court will keep the money and a warrant may be issued for your arrest.

Contact a Criminal Defense Attorney

At the time of your booking, Attorney T. J. Kirsch recommends that, although you should cooperate with the police by providing the basic information about you, you should always refuse to say anything else. Don’t consider the help provided by a criminal defense attorney something you can do without. On the contrary, a criminal defense attorney is what you need in order to avoid the risk of incriminating yourself and spending more time within the criminal justice system than necessary. Make sure that your lawyer always is by your side.