What to Expect if You Are Arrested for a Violent Crime
Posted on Dec 24, 2015 12:30pm PST
Any arrest may involve a unique set of circumstances. However, defendants
can generally expect certain steps to follow an arrest for a violent crime,
including being booked at the precinct. If you’re arrested for allegedly violating
criminal law, your criminal justice lawyer serving Columbus will help you navigate
the legal justice system and build effective defense strategies on your behalf.
Undergoing Processing at the Precinct
Once you’re arrested, the police officer may place handcuffs on
you, search you for weapons, and take you to the local precinct or police
department for processing. Processing involves taking your fingerprints,
taking photographs, and documenting your identifying information such
as your full name and address. An officer will take your personal property.
You’ll receive a voucher for non-contraband property so that you
can retrieve your property upon your release. Additionally, an officer
will conduct a search for any outstanding warrants issued against you.
Exercising Your Legal Rights
Throughout the arrest and processing, it’s important that you remain
respectful and cooperative. Uncooperative defendants may be charged with
additional crimes, such as resisting arrest. However, being cooperative
does not mean forfeiting your right to remain silent. Aside from providing
your identifying information upon request, you should refrain from answering
any questions about the alleged incident. Instead, request to call a criminal
defense attorney. Once you’ve requested a criminal law attorney,
the officers cannot question you further until you have legal representation.
Being Charged with the Crime
A defendant is not charged with a crime immediately upon arrest. The decision
to prosecute a defendant under state or federal criminal law rests with
the prosecutor. An intake attorney will read the police report and decide
whether to file charges against you.
Appearing at an Arraignment Hearing
Your criminal justice lawyer will appear with you before the judge at
the arraignment hearing. During this initial hearing, the judge reads
the charges against you and determines whether to set bail. It can be
more difficult for defendants accused of violent crimes to secure release
on bail or bond. However, your criminal justice attorney can argue on
your behalf, such as by pointing out that you have strong ties to the
community and the evidence against you is questionable.