For anyone in Edwardsville, IL, getting arrested is a stressful and frightening experience. Some may be aware of the rights they have or what they should do. As long as you are not breaking any laws you should not get arrested, but things can happen, so it is good to know what is going on just in case. Here we want to go into detail about what happens when you are arrested.
The Four Miranda Rights
If you are ever arrested in Edwardsville, IL, the officer arresting you is required to tell you about your Miranda rights;
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to a lawyer. If you cannot afford a lawyer, one will be appointed for you.”
Your right to remain silent means you do not have to identify yourself, answer any questions, or talk about the alleged crime with law enforcement. If you do say anything, the prosecutor can use the statements you made against you at trial. During police questioning, don’t try to talk your way out of the criminal charges or try to explain what happened during police questioning. It is also important to remember you have the right to a lawyer. Law enforcement has to give you reasonable effort to contact your criminal defense lawyer. Your lawyer can also be with you during questioning. If you do not have a lawyer to represent you or you cannot afford an attorney, you will have a public defender to represent you. Never forget your rights when being arrested.
The Stages of the Criminal Process Post Arrest
There are several things that will happen after your arrest. You will be taken to the station for booking so they can take your information and fingerprints. There will be a bond hearing to set your bail, the money you need to pay to get released from jail. You will then go through a preliminary hearing in which a judge will determine if there is probable cause you committed the offense you were arrested for. After that, you have to attend arraignment where the judge will let you know of the charges you face and you’re sentencing if you are convicted. Once this is done your lawyer may try to enter negotiations to reach a deal to avoid trial. If no deal is made you will go to trial. In a trial, you pick a bench trial or jury trial. In bench trials, the judge makes their final decision. In a jury trial, the jury will come up with a verdict. Once the verdict is decided by the jury or the judge makes their final decision you will be told if you are guilty or not guilty. If not guilty, you are free to go, if not, you will go to a sentencing hearing to hear the guidelines of your sentencing. After that, you can file an appeal, but that is the last step.
If you live in Edwardsville, IL and have any more questions about the arrest process, give our team of legal professionals at the Law Offices of Robert Elovitz a call today!