The criminal procedure begins with an arrest or filing a criminal complaint. Police must have reasonable cause to think that a crime was committed before they may arrest or search someone. In other circumstances, such as a traffic stop, law enforcement only needs reasonable suspicion to suspect criminal behavior. Before filing a complaint, there may be a hearing to evaluate if the arrest was supported by probable cause.
Despite similarities, each state has its criminal procedure and method. The following is a broad summary of the process.
What Should You Do If You Get Arrested?
When a person is arrested, they are detained at a police station. The cops will take all of your basic background details in a police station and eventually place you in a cell until you request bail with the assistance of Redding bail bonds or you're brought to face court.
During detention, the police usually ask inquiries beyond basic biographical information. Although these questions appear frivolous, the cops may ask these since the answers are critical. Questions such as "how much have you had tonight," "have you taken any illicit or prescribed drugs," or "where were you coming from" might be used to elicit information that leads to an admission of guilt for aspects of crimes for which you are being accused. Your responses to these and comparable inquiries can significantly influence your case's defense.
While answering these questions is only appropriate in a few cases, you have the constitutional right to keep silent, which you should exercise. Not only should you use your right to stay silent, but you also have the fundamental right to seek legal counsel if you are being probed. When you want an attorney, all questioning will be halted until a counsel arrives. Employing a competent attorney may impact your case substantially at all levels of the criminal procedure. Additionally, get the best bail bonds Weaverville pros, so you don't have to spend the night behind bars.
Setting Bail And Detention
After arrest, the person is taken to the station for questioning and offered the opportunity to post bail to be freed from police custody. Then, a bail magistrate will assess how much you must pay to get released at your booking. In extreme cases, a bail magistrate may rule that you're ineligible for release until you are represented in the court. However, if you get the opportunity to post bail, remember that a portion of your bond is a non-refundable fee paid to the bail magistrate for their time.
During an arraignment, the offender enters a plea to be free with or without restrictions. Bail is a monetary investment that gives a financial incentive to appear in court on the stated day. If the person fails to appear, the bail amount is forfeited rather than paid after the case. The following considerations are taken into account by the court while determining bail:
- The nature of the crime
- Possible penalty
- Past convictions
- Fraud presence
- Probation or parole?
- Prior offense, court order
- Pending appeal of the conviction
While the prosecution will not seek bond in most instances, bail will be sought in situations involving significant felonies or those with a history of defaulting (failing to appear in court). Attaining an attorney as quickly as possible is beneficial to represent your best interests in any bail hearings.