What Happens After You’re Arrested: A Criminal Defense Overview

Being arrested and facing criminal charges can significantly impact your life—from your reputation to your personal relationships and even your freedom. Understanding what happens after you’re arrested—and the criminal defense process—is crucial.

What are your rights? How do you defend yourself in court? Is there anything else that needs to be done before the trial begins?

In this blog, we’ll provide an overview of the criminal defense process and answer these questions and more. Whether you’re facing criminal charges or simply curious about the legal system, this blog will help you understand what happens after arrest and how to protect your rights.

Arrest and Booking

The arrest process typically involves being taken into custody by police on suspicion of a crime. Upon arrest, the police officer must inform you of your Miranda rights, including the right to remain silent and the right to an attorney.

During booking, you’ll provide personal information, be fingerprinted and photographed, and have your belongings taken as evidence. It’s crucial to remember your rights during the arrest process and that you should be treated fairly and respectfully.

If you believe your rights have been violated, speak with a criminal defense attorney immediately.

Charges and Arraignment

After being arrested, you’ll face formal charges brought against you by the prosecution. This is known as the arraignment process, where you’ll be informed of the charges and asked to plead guilty or not guilty. The judge will consider whether to modify or set bail during the arraignment. It’s essential to have a criminal defense attorney present during this process to ensure your rights are protected.

You have the right to legal representation, and your attorney can advise you on your plea, help you understand the charges against you, and build a strong defense to fight for your rights.

Bail and Release

You may be eligible for release from jail while awaiting trial.

Bail and bond are common options to secure release, but the amount varies depending on factors such as the severity of the offense, criminal history, and flight risk. Bail is money paid to the court, while a bond is paid to a bonding company.

Other options include a release on recognizance, where you sign an agreement to attend court hearings, or a supervised release. Your attorney can help you understand which option is best for you.

The Discovery Process

The discovery process is a pre-trial phase where the prosecution and defense exchange evidence and information related to the case. This includes police reports, witness statements, and any physical evidence collected.

The discovery process aims to ensure that both parties have access to all relevant information and avoid any surprises during the trial.

During the discovery process, you can expect your attorney to:

  • Request and review all evidence related to the case
  • Depose witnesses to gather additional information
  • Assess the strength of the prosecution’s case and identify any weaknesses or inconsistencies
  • Use the information gathered during discovery to build your case and develop a strong defense strategy

The discovery process is critical to building a strong defense, and your attorney will use the information obtained to protect your rights and fight for a positive outcome.

Plea Bargains and Trials

After the discovery process, your defense attorney may negotiate a plea bargain with the prosecution. This involves pleading guilty to a lesser charge or receiving a reduced sentence in exchange for a guilty plea.

If a plea bargain cannot be reached or is not in your best interest, the case will proceed to trial. During the trial, the prosecution will present evidence and witnesses to prove the charges, and your defense attorney will cross-examine them and present your defense. The judge or jury will then determine if you’re guilty or not guilty of the charges.

It’s essential to have a skilled defense attorney to navigate the legal system and fight for your rights in both plea bargains and trials.

Sentencing and Appeals

If you’re found guilty or plead guilty, the next phase is sentencing, where the judge will determine the appropriate punishment. This can include fines, probation, community service, or imprisonment.

The judge will consider factors such as the severity of the offense, your criminal history, and any mitigating or aggravating circumstances. Your defense attorney may argue for a more lenient sentence or appeal it if deemed too severe.

Being arrested can be a stressful and overwhelming experience, but it’s important to remember that you have rights and options. If you’re facing criminal charges, working with an experienced criminal defense attorney who can guide you through the process and fight for your rights is important.

Contact Rose Legal Services today to start building your defense.

Author Bio

Scott Rose, an experienced criminal defense lawyer and founder of Rose Legal Services, has been practicing law for over 20 years. He is dedicated to representing clients facing criminal charges and providing legal representation on various cases, including DWI, misdemeanor, and felony cases.

After graduating from the University of Virginia School of Law, he gained valuable experience working for a United States Senator and as a Judicial Law Clerk for the Chief Judge of a United States District Court. Throughout his legal career, W. Scott Rose has committed to providing high-quality legal representation to his clients, earning him a spot in the National Top 100 Trial Lawyers.

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