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WHAT SHOULD I DO
IF I AM
ARRESTED?
KNOW YOUR LEGAL
RIGHTS!
WHAT TO DO IF
YOU ARE
ARRESTED!
I am told that I
am under arrest.
What does that
mean? When you
are arrested,
you are taken
into custody.
This means that
you are not free
to leave the
scene. Without
being arrested,
you can be
detained,
however, or held
for questioning
for a short time
if a police
officer or other
person believes
you may be
involved in a
crime. For
example, an
officer may
detain you if
you are carrying
a large box near
a burglary site.
You can also be
detained by
storekeepers if
they suspect you
have stolen
something.
Whether you are
arrested or
detained, you do
not have to
answer any
questions except
to give your
name and address
and show some
identification
if requested.
1. WHAT RIGHTS
DO I HAVE?
Answer:
Whether you are
an adult citizen
or non-citizen,
you have certain
rights if you
are arrested.
Before the law
enforcement
officer
questions you,
he or she should
tell you that:
You have the
right to remain
silent.
Anything you say
may be used
against you.
You have a right
to have a lawyer
present while
you are
questioned.
If you cannot
afford a lawyer,
one will be
appointed for
you.
These are your
"Miranda"
rights,
guaranteed by
the U.S.
Constitution. If
you are not
given these
warnings, your
lawyer can ask
that any
statements you
made to the
police not be
used against you
in court. But
this does not
necessarily mean
that your case
will be
dismissed. This
does not apply
if you volunteer
information
without being
questioned by
the police.
2. ONCE I AM
TOLD MY RIGHTS,
CAN I BE
QUESTIONED?
Answer:
You can be
questioned,
without a lawyer
present, only if
you voluntarily
give up your
rights and if
you understand
what you are
giving up. If
you agree to the
questioning,
then change your
mind,
questioning must
stop as soon as
you say that you
want a lawyer.
If the
questioning
continues after
you request a
lawyer and you
continue to
talk, your
answers can be
used against you
if you testify
to something
different.
You may be
required to give
certain physical
evidence. For
example, if you
are suspected of
driving under
the influence of
alcohol you may
be requested to
take a test to
measure the
amount of
alcohol in your
system. If you
refuse to take
the test, your
driver's license
will be
suspended and
the refusal will
be used against
you in court.
Once you are
booked, meaning
your arrest is
written into
official police
records and you
are
fingerprinted
and
photographed,
you have a right
to make and
complete three
telephone calls
that are free
within the local
dialing area.
3. WHEN SHOULD I
SEE A LAWYER?
Answer:
If you are
arrested for a
crime,
particularly a
serious one, you
should contact a
lawyer as soon
as possible. He
or she has a
better sense of
what you should
and should not
say to law
enforcement
officers to
avoid being
misinterpreted
or
misunderstood.
The lawyer also
can advise you
or your family
or friends on
the bail
process. There
is no substitute
for a good
Maryland
criminal defense
lawyer.
4. WHO CAN
ARREST ME?
Answer:
All law
enforcement
officers - such
as police
officers, county
sheriff
officers,
investigators in
a district
attorney's or an
attorney
general's
offices and
highway patrol
officers - can
arrest you
whether they are
on or off duty,
in most cases. A
probation or
parole officer
also can arrest
you.
They can arrest
you - even if
they do not have
an arrest
warrant - if
they have
probable cause
or good reason
to believe you
committed a
felony, such as
armed robbery.
(A felony is a
crime of a more
serious nature
than a
misdemeanor,
usually
punishable by
imprisonment for
more than a
year.) They do
not have to see
you commit a
felony in order
to arrest you.
They do,
however, have to
see you commit a
misdemeanor in
order to arrest
you.
If you commit an
infraction,
instead of
taking you into
custody, they
may ask to sign
a citation or
notice. This is
a minor offense,
such as a moving
violation, where
the punishment
usually is a
fine. If you
sign the
citation, you
are not
admitting guilt;
you are only
promising to
appear in court.
If you have no
identification
or refuse to
sign, however,
an officer may
take you into
custody.
5. CAN SOMEONE
OTHER THAN A
POLICE OFFICER
ARREST ME?
Answer:
Any person, such
as a private
security guard,
can make a
citizen's arrest
if they see a
misdemeanor
being attempted
or committed. (A
misdemeanor is a
criminal
offense, usually
punishable with
a fine or short
jail term.) They
also can make a
legal arrest for
a felony as long
as it actually
was committed
and they have
good reason to
believe you did
it. They must
take you to a
police officer
or judge who is
required by law
to take you into
custody.
6. WHEN IS AN
ARREST WARRANT
USED?
Answer:
Usually a
warrant is
required before
you can be taken
into custody in
your home. But
you can be
arrested at home
without a
warrant if fast
action is needed
to prevent you
from escaping,
destroying
evidence,
endangering
someone's life
or seriously
damaging
property.
The warrant must
be signed by a
magistrate or
judge, who must
have good reason
to believe that
you, whom the
warrant names,
committed a
crime. If your
name is unknown,
"John Doe" can
be used on the
warrant - along
with your
description.
Once an arrest
warrant is
issued, any law
enforcement
officer in the
state can arrest
you - even if
the officer does
not have a copy
of the warrant.
Generally, there
is no time limit
on using a
warrant to make
an arrest.
Before entering
your home, a law
enforcement
officer must
knock and
identify himself
or herself and
tell you that
you are going to
be arrested. If
you refuse to
open the door -
or if there is
another good
reason - the
officer can
break in through
a door or
window.
If the police
have an arrest
warrant, you
should be
allowed to see
it. If they
don't have the
warrant with
them, you should
be allowed to
see it as soon
as practical.
The police may
search the area
within your
reach. If you
are arrested
outdoors, they
may not search
your home or
car.
Resisting an
arrest or
detention is a
crime. If you
resist arrest,
you can be
charged with a
misdemeanor or
felony in
addition to the
crime for which
you are being
arrested. If you
resist, an
officer can use
force to
overcome your
resistance or
prevent your
escape. The
officer can even
use deadly force
if it appears
you will use
force to cause
great bodily
injury.
7. WHEN CAN I BE
RELEASED?
Answer:
If, during the
questioning and
before a charge
is filed, the
police are
convinced that
you have not
committed a
crime, they will
give you a
written release.
Your arrest then
will be
considered a
detention and
not recorded as
an arrest.
8. WHAT IS BAIL
AND HOW IS IT
SET?
Answer:
The amount of
bail - money or
other security
deposited with
the court to
insure that you
will appear - is
set by a
schedule in each
county. You may
be notified that
you can forfeit
or give up bail
instead of
appearing in
court if you
receive a
traffic
citation.
However, if you
have any doubt,
go to court so a
warrant is not
issued for your
arrest for
failing to
appear. Bail
forfeiture does
not apply to
misdemeanors or
felonies.
Forfeiting bail
does not mean
that the charges
are dropped and
usually works as
a conviction for
a traffic
offense.
A Magistrate at
the jail will
usually set bail
or you maybe
held for a Judge
to set bail. If
you cannot post
or put up the
bail, you will
be kept in
custody.
Depending on
where you are
arrested, you
may have the
opportunity to
request a bail
reduction from a
Judge.
When you are
taken to court
for bail setting
or release, the
judge will
consider the
seriousness of
the offense you
are charged
with, any prior
failures to
appear (even for
traffic
tickets), any
previous record,
your connections
to the
community, as
well as the
probability that
you will appear
in court. The
amount of bail
is set according
to a written
schedule based
on your charges.
The law presumes
you are guilty
of the charges
for purposes of
setting bail or
release.
Instead of
paying bail, you
might be
released on your
own recognizance
or "O.R." (or
supervised
O.R.). This
means that you
do not have to
pay bail because
the judge
believes that
you will show up
for court
appearances
without bail.
9. WHO MAINTAINS
ARREST RECORDS
AND WHAT DO THEY
INCLUDE?
Answer:
Local police
departments and
the Judiciary
keep arrest
records. Your
past criminal
record maybe in
a national data
bank. The arrest
record includes
when and why you
were arrested,
whether the
charges against
you were dropped
or whether you
were convicted
of the charges,
and the
subsequent
sentence
imposed. Both
pleading guilty
and being found
guilty after a
trial count as
convictions.
If you are
convicted of
committing a
misdemeanor,
placed on
probation and
stay out of
trouble, you are
able to have the
conviction
removed from
your record for
such purposes as
employment
background
checks. This is
often called
"probation
before verdict".
10. WHAT HAPPENS
AT AN
ARRAIGNMENT?
Answer:
You have a right
to be arraigned
without
unnecessary
delay - usually
within a short
period of time-
after being
arrested. You
will appear
before a judge
who will tell
you officially
of the charges
against you at
your first
arraignment. At
the arraignment,
an attorney may
be appointed for
you if you
cannot afford
one, and bail
can be raised or
lowered. You
also can ask to
be released on
P.R., even if
bail was
previously set.
If you are
charged with a
misdemeanor, you
can plead guilty
or not guilty at
the arraignment.
Or, if the court
approves, you
can plead nolo
contendere,
meaning that you
will not contest
to the charges.
Legally this is
the same as a
guilty plea, but
it cannot be
used against you
in a
non-criminal
case, unless the
charge can be
punished as a
felony.
Before pleading
guilty to some
first-time
offenses, such
as drug use or
possession in
small amounts
for personal
use, you may
want to find out
if your county
has any drug
diversion
programs. Under
these programs,
instead of
fining you or
sending you to
jail, the court
may order you to
get counseling
which can result
in dismissal of
the charges if
you complete the
counseling.
If misdemeanor
charges are not
dropped, a trial
will be held
later in
municipal court.
If you are
charged with a
felony, however,
and the charges
are not dropped,
the next step is
a preliminary
hearing.
11. WHAT HAPPENS
AT A PRELIMINARY
HEARING?
Answer:
During the
preliminary
inquiry or
hearing, usually
within a short
period after
arrest, the
States
Attorney's
office must
present evidence
showing a
reasonable
suspicion that a
felony was
committed and
that you did it
to convince the
judge that you
should be
brought to
trial.
In lesser
offenses in the
District Court
of Maryland the
preliminary
inquiry is only
to find out if
you have an
attorney and
understand the
charge. This
hearing is often
waived if your
attorney enters
his appearance
in your case.
If you are
charged with a
crime and unable
to understand
English, you
have a right to
an interpreter
throughout the
proceedings.
REMEMBER THERE
IS NO SUBSTITUTE
FOR EXPERIENCED
CRIMINAL
LAWYERS! You
could be
sentenced to
time in jail for
driving while
intoxicated,
possession of
drugs or
reckless
driving. It is
important to
contact a lawyer
immediately.
WHEN
EXPERIENCE
COUNTS YOU CAN
NOT AFFORD
ANYTHING LESS!!
627-6060
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CONSULTATION
Email us at: swilliamslaw@embarqmail.com
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