San Diego Criminal Lawyers Blog
It is an alarming situation. Law enforcement seems quite interested in what you know about a local crime, and you are simply unprepared for the moment. Under arrest? You? It seems unfathomable, but it is happening. Now what?
Of course, the conditions proximate to every arrest are different, but there are some general patterns you can expect should you find yourself in this unpleasant situation. Regardless of the circumstances, you should always listen to the officer’s instructions, conduct yourself respectfully, and wait to speak until you have your attorney on site.
Miranda
The arresting officer should read your Miranda rights, where you will be advised that anything you say can be used against you later. Heed that warning and say nothing.
Off to Processing
Next, you can anticipate being cuffed and carted to the local precinct, where you will be booked into jail. Now begins the administrative procedure that documents your arrest, which includes verifying your identity, a mug shot, fingerprinting, body search, and an initial medical assessment. They’ll run your data through the system to see if you have any outstanding warrants, as well. You’ll turn in your clothing and personal property and put on the official jail uniform (your personal items will be returned to you when you’re released and you present a voucher that lists your possessions) Finally, it’s off to a holding cell or general housing until either a court commissioner or a judge determines the next steps. There are three possibilities at this point:
- Release on your own Recognizance (ROR);
- Release on bail with a pledge to return to court on a future date;
- Remain in jail until a later date.
Court Arraignment
After your case is assigned a court date for the arraignment, you will appear, and the charges will be read so you can enter a plea. Assuming you plead not guilty, the judge will then decide whether there is enough evidence to support the charges. If not, the case will be dismissed, which means you get released, and the whole thing is behind you. Otherwise, a trial date will be set.
The Trial
While awaiting your trial date, negotiations on a plea deal may occur between your defense attorney and the district attorney. That could result in your bypassing the trial altogether, instead entering a guilty plea on lesser charges. Otherwise, plan on a trial, with witness testimony, evidence presentations, and jury deliberations. The outcome will determine whether you go free, enter a diversion program, serve time behind bars, or enter a probation regimen.
Your Legal Advocate
The well-qualified and ethical criminal defense attorneys at Boertje & Associates always fight to achieve the best possible outcomes for you. To discuss, schedule a confidential consultation in our San Diego office today.