Maybe you have or maybe you haven’t been arrested before, but you do know too well that it is not a pleasant experience at all. This is because you’ve heard of, seen or read of stories regarding arrests and you know it usually ends up in court. Any criminal lawyer Rockwall TXcriminal lawyer Rockwall TX will tell you that there is a specific sequence of events that should follow a police arrest.
The oft-quoted Miranda rights were actually from a ruling of the U.S. Supreme Court in 1966 that were meant to protect the arrested person from self-incrimination. They are five and you can by now quote at least the first three rights, ‘You have the right to remain silent…’
Just a point of note, these rights must be read only when in police custody and under interrogation. Other than that, do not incriminate yourself when given a traffic ticket. Even a Rockwall criminal defense lawyer will find it hard to argue that case on your behalf.
Arrest involves, other than the reading of rights, the ‘pat-down’ which is meant to ensure you are not concealing any weapon. This search should simply be of the outer clothing since after the arrest, a full-blown search will be done. This wider search covers your immediate surroundings. Generally, you will be entitled to call a lawyer after the booking. Procedure puts it that the police should perform an inventory of your money or personal property and store it safely. You will, after a review of the inventory to confirm its contents, be asked to sign.
After arrest, the next part is the booking. The police officer who is booking you will request that you give basic personal information (date of birth, address and such), get your fingerprints as well as a photograph of you. In addition, you may be put in a line-up or asked to take a hand-writing sample among similar things.
If after several hours you have been detained without booking then a lawyer may opt to get a writ of habeas corpus from a judge. This is an order that ensures you are brought before a judge to determine if you are being illegally held. The order is issued by the court to the police.
Once arrested and booked by the police, all the information about your case is sent to the prosecutor’s office. The prosecutor will make an independent decision after reviewing your information on whether or not to file your charges.
If you consulted a good defense attorney, then you will be informed that the prosecutor has 72 hours to decide whether or not to file the charges. You will then be arraigned, meaning you will appear in court where your charges will be read and you get a chance to plead either way. If jailed, you may get out before the trial date on bail. Definitely your lawyer will get you out earlier if your arrest was unlawfully done.
You will find that there many concerned criminal lawyers in Rockwall TX who help clients understand their legal situations better. For more information, go to www.Rockwallcountydwiattorney.com.