What Happens After an Arrest?

For many people, the arrest process might be unfamiliar, as this may be their first brush with the law – whether they or their loved one has been accused of a crime. Understanding the arrest process can help individuals take steps to ensure that their rights are protected and that they take meaningful courses of action.

Being Taken Into Custody

After an officer makes an arrest, they will take the person into custody. The individual is now referred to as a defendant. At this point in the process, law enforcement officials are required to inform the defendant of their rights. Often, this is referred to as reading the Miranda rights, as it is based on the 1966 U.S. Supreme Court ruling in Miranda v. Arizona.

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The rights of the defendant include:

• Remaining silent: This means that the individual does not have to answer any questions. Under the Fifth Amendment to the U.S. Constitution, people are protected from providing law enforcement officials with any self-incriminating information regarding the offense they are alleged to have committed. Pleading the Fifth helps ensure that this right is protected. If, after making the arrest, law enforcement officials did not inform the defendant of their right, and they question the individual, any statements they provide may be inadmissible in court.

For this reason, it’s important that the defendant provides to their attorney a detailed account of the circumstances leading up to their arrest. Anything that happened during the process can have profound impacts on the outcome of the case.

• Retaining an attorney: All people accused of crimes have the right to an attorney. If they cannot afford one, one may be appointed to them at no cost. An attorney can advise the defendant on what to say and how to proceed with their case.

The defendant will also be booked into jail. This process includes taking the individual’s fingerprints and photos and running a background check to see if there are any outstanding warrants (if this hadn’t been done initially).

Initial Appearance

After being taken into custody, the defendant will be scheduled for an initial appearance. During this step, a judge will go over the charges and explain how the case will progress. They may also set bail, which is the amount of money the defendant must pay to secure their release from jail.

If the defendant makes bail, they will be subject to certain terms. One such condition is being required to show up to all future court dates. If the defendant fails to appear, the money they paid for release will be kept – normally, it’s returned after the criminal case is concluded.

If you or a loved one has been arrested in Columbus, Andy Callif Bail Bonds can help get you out. Call us at (614) 221-0100 or contact us online today.