You probably came to the website to get a better understanding of the bail process and to get help for a loved one who was arrested. But to understand how the whole process works, we’re going to have to go back to the very beginning, when your loved one was arrested for allegedly committing a crime.
Reading of the Rights
There is a very specific series of events that happen after you are arrested. The police must follow legal procedures from the arrest all the way to putting a suspect in jail. The first thing that will happen when you are placed in police custody is the officer will read you your Miranda rights. There are five different rights:
- The right to remain silent and refuse to answer any questions
- Anything that you say may be used against you in court
- The right to an attorney before speaking with police and to have an attorney present during questioning
- If you can’t afford an attorney, one will be appointed before any question if you desire
- If you decide to answer questions without an attorney present, you still have the right to stop answering at the time until you speak with an attorney.
After an arrest, the police may perform a search of your person and immediate surroundings to make sure there is no weapons, illegal property, or evidence of a crime. The police may take any personal property or money and put it in a safe place (you will have a chance to review your inventory at a later time). You may be allowed to make a phone call at this time – however, it depends on the severity of your crime.
Standing Before the Judge
Your first event after an arrest will be the preliminary arraignment. You will be taken in front of a magistrate at the local district court where the magistrate will review a number of things, such as the crime you are accused of, your criminal and work history, and ties to the community to determine what your bail should be set at. The magistrate will then set bail as well as the date of your preliminary hearing.
And once the magistrate has set the terms of bail, then you’ll want to give us a call and we’ll help you with the rest.
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