If you Get Arrested, Remain Silent
The first and most crucial step if you get arrested is to remain silent. Do not talk, especially to the police. It is a common misconception that talking can get you out of an arrest, but once the decision to arrest has been made, the police will let the courts figure it out. Your time to speak will come later, through your attorney during the court process. So, remember, don’t say anything.
If you Get Arrested, Ask for Your Attorney
Ensure you have the number of your attorney ready. Call your attorney as soon as possible to inform them of your arrest. If you don’t have an attorney, call someone who can contact one for you. It’s important to let them know who arrested you, as this will determine where you will be taken next.
The Booking Process
After being arrested, you will go through the booking process. This involves providing your name, identifying information, fingerprints, and a photograph. Once booked, you will see a judge at your arraignment.
The Arraignment
Your arraignment is your first court date, where a judge will set your bond. This is why having an attorney is crucial. Your attorney can represent you and influence the judge’s decision regarding your release. There are different types of bonds:
- Release on Own Recognizance (OR): You promise to attend your next court date, and the judge lets you out of custody.
- Secured Appearance Bond: A monetary value must be posted to get out of custody. You may use a bail bondsman, who typically requires 10% of the bond amount plus collateral for the rest.
- Cash-Only Bond: You must post the entire bond amount with the court. This is usually reserved for serious offenses or lower-level offenses with small amounts.
Importance of an Attorney
During your arraignment, the judge will not let you make any statements regarding your case. This is because anything you say can and will be used against you. Your attorney can speak on your behalf, making requests regarding your bail and other release conditions. The judge will consider factors such as your length of residency, work history, and community ties to determine your flight risk.
Conditions of Release
The judge may set specific conditions for your release, such as not returning to the scene of the alleged crime. This can be challenging if the location is your home. An attorney can argue these conditions to ensure you can return home.
What to Do If Someone You Know Gets Arrested
If someone you know gets arrested, many of the same steps apply. The most important action is to contact an attorney immediately. An attorney at the first court hearing can set the tone for the case, potentially reducing charges or bail amounts. Key Takeaways
- Remain Silent: Do not talk to the police.
- Get an Attorney: Have an attorney represent you at your arraignment to negotiate bail and conditions of release.
Need More Info? Read: What to Expect within 24 hours of Arrest in Arizona
