Arrested
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19 May 2010
Recently arrested? Know someone who was and have questions?
The criminal justice system is a complex procedure that confuses many people. For that reason here is a brief explanation of the steps that occur from once the crime has been committed to an arrest being made.
When a crime is committed and reported to law enforcement or observed by an officer a report is generated. Often times people alleged of committing crimes are not arrested and booked onto jail immediately. Once a report is written, it is submitted to the District Attorney's office for review. The District Attorney then determines if criminal charges should be filed against the alleged defendant.
If the District Attorney's office determines that criminal charges should be filed against a defendant an arrest warrant is generated and signed by a judge. This warrant is then maintained by the investigating agency who may or may not attempt to locate the defendant and arrest them. Most arrest warrants are served when the defendant is contacted by law enforcement on an unrelated matter and a warrants check is preformed.
It is not that unusual that a person is supprised to know that an arrest warrant has been issued against them. Police may not have been able to contact them to obtain their side of the alleged incident and only have the reporting party's statement to go off of.
Whether someone is contacted immeiately following a criminal act or sometime afterwards-they do not have to speak with law enforcement! However, they may still be arrested if police have enough 'Probable Cause' to believe that both a crime was committed and that person more than likely committed the offense.
- You have the right to remain silent.
- If you give up that right, anything you say can and will be used against you in a court of law.
- You have the right to an attorney and to have that attorney present during any questioning.
- If you cannot afford an attorney, one will be appointed to you by the court.
When questioned by police, your Miranda Rights are not aways requred. Law Enforcement officers are required to advise you of your Miranda Right when two things occur.
- You are in-custody or at least not free to leave, and
- You are being questioned about a crime that they believe you committed.
Law enforcement is not required to advise you of your Miranda Right as soon as you are arrested-only if you are somehow detained and being questioned about a crime. Any comments that you make to or in the presence of law enforcement that were not asked of you, can be used against you. These comments are referred to as 'Spontaneous Statements'. If you are asked by police to, "simply give me your side of the story"-this is going to be your statement in the report.
Police are generally well educated in the art of questioning. What started off as an officer telling you that you are not under arrest and are free to leave can quickly turn into you being booked into jail. The comment by the officer that you are not under arrest and are free to leave is only said to comfort you and to avoid having to advise you of your Miranda Rights. It is not that uncommon for the main piece of evidence used against someone to be their own confession to the crime which was secretly video and audio recorded by police. Police do not have to inform you that you are being recorded and more times than not - it is happening.