Being taken into custody is not an experience that anyone wants to go through. However, if you are arrested, it is important to understand what your rights are and the process that takes place after you have been put in cuffs. Knowing what to expect in such a scenario could make it easier to obtain a favorable outcome in your case.
Make Sure That You’re Read Your Rights
If the police do not inform you of your rights, the charges that you face could be dropped. As a general rule, you have the right to remain silent until an attorney is present. Even then, you have no legal obligation to speak to anyone about the case. However, anything that you do say can be used against you as the legal process unfolds.
It May Be Possible to Refuse Chemical Testing
A police officer may want to do a breath, blood or urine test as part of an investigation. You generally have the right to refuse submitting to these tests voluntarily. While you may face penalties for refusing, they cannot be done without a warrant.
You Could Be Eligible for Bail
Depending on the type of crime that you are charged with, it is possible that you could be allowed to go free on bail. This means that you will be allowed to stay at home until the case has been resolved. In some cases, it will be necessary to see a judge before bail is set. In the event that you are released from jail, be sure to make all court dates and abide by any conditions set forth by the court. Otherwise, your bail could be revoked. Bond companies, such as Hawaii State Bonding LLC, can help source the money needed to get out of state custody.
Consult with an Attorney
You will be allowed to contact an attorney at some point after you are taken into custody. This could be either someone who you have hired or a public defender. Your attorney will be able to advise you of your rights and how to proceed in your case. He or she may ask that evidence be suppressed or that charges be dropped prior to trial. Depending on the evidence against you, a judge may agree to do so.
If you have been taken into custody, it is important to understand what is going to happen over the next several hours, days and weeks. Your attorney will be there to guide you through the process whether it means seeking complete exoneration or accepting a plea to resolve the matter.
Author Info: Hannah Whittenly is a freelance writer and mother of two from Sacramento, CA. She enjoys kayaking and reading books by the lake. You can find her on Twitter.