So You’ve Been Arrested, Now What?

What to Expect When Being Arrested for a Crime

A defendant is being legally arrested when a police officer informs them of their Miranda Rights as a U.S. citizen.

• You have the right to remain silent and to refuse to answer any questions.
• Whatever you say can and will be used against you in a court of law.
• You have the right to an attorney; if you can’t afford one, one will be appointed to you.
• If you decide to answer any questions, you can still stop at any time until you consult with an attorney.
• Do you understand these rights, and are you willing to answer my questions now?

You may be asked to sign a document acknowledging you were read your rights

At this moment, guilty or innocent, the fact remains the defendant is being arrested, taken into custody and is going to jail. The defendant will likely be checked for drugs or weapons, handcuffed and then taken to a local law enforcement facility or jail to be booked.

Arrestees Are Also Entitled To:

• Be presumed innocent until proven guilty.
• A fair and speedy trial.
• Make a phone call after being arrested.
• Know what the charges are.
• An attorney or public defender (only US citizens may get a public defender).
• Have any personal property returned upon being released (excluding evidence).

What to Expect When Being Booked

The booking officer will:

• Ask the defendant a list of personal questions.
• Take a photograph/mug shot of the defendant.
• Run a background check.
• Take fingerprints.
• Gather any personal belongings and place them into a property bag.

The defendant should be allowed to make at least one phone call to a person of their choice, a friend or family member, an attorney or a bail bond agent.

If the crime you were arrested for is a common crime and there is a preset bail schedule for it, now is the time to arrange for bail.  If not, the defendant will have to wait to see a judge to find out if bail will be allowed and how much it will be.

Inside the Courtroom:

• No weapons or drugs allowed.
• Do not use any electronic devices in the courtroom unless approved by court.
• Do not chew gum, stand up straight and speak clearly.
• Pay attention to instructions given or questions asked by court employees or the judge.
• Answer only the questions you are asked.
• Don’t shake your head as an answer – speak to the court.
• Be respectful of the judge and all court employees.
• Do not offer your personal opinions or conclusions unless asked.
• Do not allow yourself to become mad or angry – this will not help your case.
• Try to dress neatly or professionally.
• Do not wear sunglasses inside the courtroom.
• Do not bring disruptive friends or family members with you to court.
• Be on time or even better – be early. Being late may result in a bench warrant or bail forfeiture.
• Do not leave the courtroom before you know when and where you are to return to for your next appearance.

For those with an immediate need to post a bail bond for a friend or loved one, you can reach an agent 24 hours per day, 7 days per week by calling 1-800-Libertad. We have bilingual agents who can assist you with posting  Criminal Bail Bonds.