Getting arrested can be a sudden and life-changing event. Most people in that situation are frightened and unsure of what to do. According to criminal attorneys in Gonzales, LA, a person who is arrested should expect to go through the following procedures.
At the time of the arrest, police officers read the suspect their Miranda rights. The right to remain silent is guaranteed by the Fifth Amendment to the U.S. Constitution, and it is best to claim that right to avoid making any self-incriminating statements. A suspect has the right to an attorney and should have an attorney present when answering any questions. At the time of arrest, the suspect should ask for a lawyer and then refuse to answer any further questions.
The next step in the arrest procedure is booking. The suspect is taken to jail, photographed, and finger-printed. Then they are taken to a holding cell where they will have to wait to see the judge. The law says that a suspect should be brought before the judge within forty-eight hours, but the time can be extended over the weekend.
When the judge is ready, the suspect is brought to court for a bail hearing. The judge then sets bail and any conditions of bail based on the severity of the crime and the likelihood that the suspect -now a defendant- will return for the court date. The defendant may then post bail or purchase a bond from a bail bond service. Unless the judge says otherwise, the defendant is free to go home until the arraignment.
At the arraignment, the judge reads the charges, and the defendant is asked to plead guilty or not guilty. If they do not have legal representation yet, the judge appoints a public defender at that time.
The next step for the defendant is either a trial or a plea bargain. In a plea bargain, the prosecuting attorney may offer a lesser charge if the defendant agrees to plead guilty. Anyone accused of a crime needs a lawyer who will protect their rights and negotiate a plea deal if necessary. Visit website to learn more about attorneys in Gonzales, LA.
