If you are accused of a crime, you may eventually be arrested. However, if you have never been arrested before, you may not know what to expect. Here are a few things that are likely to occur when you are arrested for a crime:
You will be handcuffed at the time of your arrest, and the cuffs may remain in place throughout the booking process. The officers will generally place your hands behind your back so that it is more difficult for you to resist or escape.
Reading of the Miranda Rights
At the time of your arrests, the officer must advise you of your rights. This advisement is based on the 1966 case of Miranda v. Arizona, which mandates that the arresting officer inform the suspect of his or her rights, which include the right not to talk, prior to police questioning.
In the Miranda case, Ernesto Miranda, whose charges included rape and kidnapping, was questioned without being informed of his legal rights beforehand. He supposedly confessed to the crimes after a two-hour interrogation. However, the accused man had no lawyer present, and he had a history of mental problems. He was convicted based on the confession, but it was overturned by the Supreme Court, and the Miranda Rights were put in place.
What rights are disclosed during the reading of Miranda Rights?
- Knowledge that anything you say can be used against you by the prosecution in court
- The right to legal representation by a lawyer
- The right to have an attorney present while you are being questioned by police
- The right to be represented by a lawyer without having to pay legal fees if you are unable to afford to hire a attorney
- The right to stop answering police questions whenever you want to
Relocation to the Police Precinct
You will be transported to the police precinct in the back of the police car for booking or processing.
Interview for Identifying Information
A police officer will question you to obtain your personal information, such as your name, address, social security number and date of birth.
Fingerprinting and Photographing
You will be fingerprinted and photographed. Your "mug shot" will be kept on file along with your personal information and details of your alleged crimes.
Removal of Personal Belongings
Personal belongings, such as your house keys, purse, prescription medicine and jewelry, will be confiscated and held while you are in custody.
If you are arrested, there is a general procedure that the police will follow. To ensure that you improve your chance of release, be sure to hire a criminal lawyer for representation. For more information, contact a firm like Devine Law PC.Share