The Arrest Process

In an arrest, a law enforcement agent, such as a police officer or a state trooper constrains your freedom of movement because of your possible involvement in a criminal offense. In some cases, the officer make take you into custody, in others, you may be stopped, verbally or physically, so that you can be questioned about a crime.

An arrest warrant is a written order by a Judge requiring the police arrest a person. If a warrant for your arrest has been issued, the police may arrest you in your home or a public place. The fact that there is a warrant for your arrest is kept online for all police officers to see. Without your consent or under special circumstances, you cannot be arrested in your home without a warrant. The police can arrest you without a warrant for committing a misdemeanor in their presence. Misdemeanors are generally lesser crimes, because they only carry a potential period of jail of 1 year or less. The police can also arrest you without a warrant if they have a belief that you have committed a felony.

The police may use reasonable force necessary to arrest you, but they may not use excessive force or brutality. Even if you are innocent, you can be charged with the crime of interfering with an officer if you do not accede to a lawful officer's command. If you are eventually found innocent of the original crime, you can still be found guilty of Interfering with an Officer.

Ordinarily, the police must have a search warrant before conducting a search. However, after you have been arrested, the police may search you and the immediate area around you without a warrant if the reasonably suspect that you have contraband. Also, the officers may make an inventory search of your possessions to make sure you are given credit for all of your money or possessions.

You are entitled to telephone a lawyer and notify them of your arrest. You have the right to consult with an attorney and have him present when the police question you about anything other than routine biographical information. The best practice is to remain silent until a lawyer is present since any statement that you make can be used as evidence against you.

Even if you decline a lawyer at the time of your arrest, you have the right to hire a lawyer at any time after being arrested. You should seek a lawyer's assistance to advise you how to handle your case.

If a family member has called you to inform you that they have been arrested, remind them not to speak about the facts to a police officer. If you have hired a lawyer for them, let them know that a lawyer is on their case so they wait to speak to the lawyer before answering questions.

After you have been arrested, you may be taken into custody and brought to a jail. At the station or jail, your arrest will be registered and you may be fingerprinted and photographed.

You may be interviewed by a person to determine what the bail amount will be. By law, all offenses except capital murder are bailable offenses. If you are able to post the bail amount, either by depositing cash or hiring a bondsperson, you can be released. Even if you are released, you will be required to appear in court the following day to answer to the charges. At that time, you may hire a lawyer or get a continuance to talk to a lawyer. You may be subject to a protective order. For more information, you can read about the court process.