Getting arrested upon facing criminal charges can impact a significant part of your life. It will directly reflect upon your reputation in terms of personal relationships and even question your freedom. Understanding what goes behind arresting an individual and the defense process is crucial. Even after getting arrested, you have the right to defend yourself in court with the help of a criminal lawyer.
San Jose criminal lawyer shall ensure all your rights are at a point before the court, even before the trial period begins under a criminal case arrest. If you are curious about what happens after an individual is arrested depicting a crime scene, keep reading to get enlightened about the criminal justice process.
Knight Law, Criminal Justice Lawyer
181 Devine Street, Suite J
San Jose, CA 95110
The Arrest Process – An Overview
An immediate arrest happens when an individual has been taken into police custody and is no longer said to leave or move out freely. In some cases, having a valid arrest warrant becomes mandatory for the police to arrest the suspected individual. The magistrate or judge shall sign an arrest warrant upon understanding the involvement of the arrested individual in the criminal case. The warrant provides much-needed legal authorization to the police to place the arrested individual under suspect. The police can execute the obtained warrant by visiting the suspect’s home or other place where they have been living.
The time and place where the arrest took place are highly important. Suspect gets handcuffed and read to them their rights while they are under arrest. Not everyone gets handcuffed; in some cases, the police have the authority to decide here. The court shall exclude evidence if proper arrest procedure has not been followed in the first place or even dismiss the case.
Charges and Right to Have Legal Representation
The arrested individual has to face formal charges that are brought against them. This is where they get informed about the charges and an opportunity for them to plead guilty or not. The judge can modify or set a bail arraignment depending on the situation. Having a criminal defense lawyer present ensures the rights of the arrested individual are highly protected.
The criminal defense lawyer shall provide valid advice to the arrested individual regarding the ongoing plea and help them better understand the charges pressed against them to build a strong defense in court.
Discovery Process
This is the pre-trial phase, where the defense and prosecutor exchange information and valid evidence stating the registered criminal case. It shall include witness statements, police reports, and other physical evidence.
The criminal defense lawyer shall further request the court review the submitted evidence related to the case file, find inconsistencies related to the arrest, and utilize the gathered information to create a strong defense strategy. Any potential weakness found in the arrest will let your hired criminal defense lawyer state them in front of the court and validate your immediate release.
Bail and Release
The arrested individual might be eligible for immediate release from jail while awaiting trial. Bond and bail are common forms of secure release, yet the possibility of attaining them varies based on the case severity, flight risk, and criminal history of the arrested individual. Bail involves paying the respective money to the court, while the bond gets paid by the bonding company.
Wrapping It Up
Post-arrest, it might become chaos, given your limited thinking capacity to handle the upcoming legal process. Immediately contacting a criminal defense lawyer in such situations shall ensure your rights are protected, and the possible bail or defense points are made at the right time.
References:
2. https://www.roselegalservices.com/what-happens-after-youre-arrested/
3. https://www.enkanter.com/article/what-happens-after-arrest
