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You’re Under Arrest! – Now What?

By Andrew Sarski

Although you may be confused, scared or angry at first, if you have been placed under arrest or have been asked to go to the police station for questioning in a crime, you should contact a criminal defense lawyer immediately. Criminal defense lawyers know what your rights are and how you should handle your arrest.

A qualified defense attorney will advise you on your rights so you don’t get caught off guard by police interrogation tactics. This legal advice alone could protect your freedom. After arrest and bail, you will be arraigned and assigned a court date. The US Court System is a very complicated justice system and you will need an attorney that is well versed in your state laws to argue your case. The following topics may help you understand the criminal justice process if you have been charged with a crime.

Severity of Criminal Charges

You could be charged with an infraction. An example of an infraction could be a noise violation. The punishment of an infraction can not be jail time, only fines, the loss of your license or other personal liberty restrictions, excluding jail. You can not go to jail for an infraction. There are times in negotiations between your criminal defense attorney and the prosecutor of your case will reduce a greater charge (felony or misdemeanor) to an infraction with an admittance of guilt. If you are charged with a Misdemeanor, the punishment is more severe. A misdemeanor can carry a jail sentence (up to a year in jail) and large fines. If it is your first offense and you are convicted, the best case scenario is you are offered probation and a hefty fine. Being charged with a felony is the most serious criminal charge that can be brought against you. If you are convicted of a felony you may be sentenced to jail time in State Prison.

How to Handle the Police looking for you

If the police are looking for you or have called you directly in relation to a crime, it is in your best interest to talk to a lawyer before you speak with the police. Although you have not been placed under arrest, anything you say to the police detectives over the telephone or casually in person can be used against you. Whatever you do, do not lie or tell mis truths to the police thinking that it can not be used against you. Everything can be used against you in the court of law if you have not been placed under arrest.

Miranda Rights

If you are in Police custody, it is most likely that the Police will read you your Miranda rights. If you are read the Miranda rights, everything you say can and most likely will be used against you in a court of law. At this point, it is most likely in your best interest to give the police officers your name and address and request to speak with a lawyer. After this, do not say anything until you speak with a lawyer.

This article should shed some light on what to expect if you are detained by the police or placed under arrest. Getting arrested is a horrible experience than can only get worse if you do not have an advocate fighting for you. If you have been arrested, contact a criminal defense attorney immediately. It is in your best interest as your very personal freedom is in jeopardy.

If you have been charged with a crime, contact an Oklahoma City Defense Attorney at the Law Firm of Atkins & Markoff. If you have been charged with a [http://www.oklahomasexcrimeslawcenter.com/]Sex Offense, [http://www.oklahomaduicenter.com/]Oklahoma City DUI or an [http://www.oklahomacriminallawcenter.com/oklahoma_drugoffenses.html]Oklahoma City Drug Charge, you need a qualified Defense Lawyer: Contact Atkins & Markoff today!

This article, which is not meant to be legal advice, may be republished providing all of the resource links remain intact.

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Comments

3 Responses to “You’re Under Arrest! – Now What?”

  1. Mike on January 16th, 2009 3:49 am

    i think this jail has the best ideas in the country. All jails should be like this.

  2. FERNANDO CORRAL PEREZ on February 10th, 2009 9:06 am

    DON’T WHY I , FERNANDO PEREZ , HAVEA WARRANT WHEN I FOUND THROUGH AN OFFICER EARLIER TODAY AND I WAS TOLD TO TAKE CARE OF IT AND DON’T KNOW HOW? THIS IS THE SECOND TIME THIS HAPPEN TO ME AND I’M NOT HAPPY WITH AZ’S RACIAL SYSTEM TOO MUCH RACIAL GOIN AND THAT’S TOTALLY WRONG OF THE STATE. FIRST THING! I’M A VICTIM OF AN AUTO ACCIDENT THAT HAPPEN IN AUGUST OF 2005 I WAS WORKING WHEN THE ACCIDENT HAPPEN AND I WAS INSURED BY AMERICAN FAMILY INSURANCE THE GUY THOMAS WHITE WAS THE GUY THAT HIT ME FROM BEHIND AND PUSH ME 1MILE AHEAD ON I-17 WHILE I WAS HEADING TOWARD THE NEXT JOB IFERNANDO AND THE CREW I HAD INSIDE RHE VEHICLE AND ALMOST COST OUR LIFES SO NOW I HAVE TO GO TO TRIAL ON APRIL 2009 AND WHAT? NOW I’M GETTING ARRESTED HOW DA MARICOPA COUNTY SHERRIFFS OFFICE HAS A WARRENT FOR SO I CAN MISSED MY OTHER COURT THAT I HAVE IN APRIL AND LOOSE TO THOMAS WHITE HOW THE HELL CAN I FERNANDO PEREZ BEAT THIS RACIAL STATE OF AZ. THE INSURANCE 21ST. CENTURY OWES ME AT LEAST $400,000.00 AND I HAVE A FEELING THAT THE STATE AND THOMAS WHITE HAVE BETTER PLANS FOR ME INSIDE THE JAIL ” WHAT MAKES A MAN GO CRAZY” I WISH THIS FUCKEN RACIAL BULLSHIT STOPS OR I WILL INVOLVED THE F.B.I IMMEDIATELLY FOR FUTURE ACTION is hard to be MEXICAN IN AZ. WITH NO JUSTICE @ ALL.

  3. FERNANDO CORRAL PEREZ on February 10th, 2009 9:41 am

    PART 2′ COMMENTS TO THIS RACIAL COUNTY OF MARICOPA FROM FERNANDO THE FUTURE AZ STATE LOOSER CAN’T DRIVE WITH ANY INSURANCE BECAUSE IT WILL PUT ME BACK IN JAIL THATS JOE ARPIO’S IDEA BRING UP CHARGES THAT GOT SCRATCHED BEFORE AND LOOSING TO AN INSURANCE COMPANY THAT MESSED UP MY ELECTRICAL CAREER FOR GOOD I GUESS IF YOU ARE A MEXICAN YOU HAVE TO GO TO THE CAN! THAT’S A BIG LOST ME AND MAKES ME CRAZY. INSTEAD THINK ABOUT IT AND PUT YOURSELF IN MY SHOES. BEFORE IN THE PAST MARTIN LUTHER KING JR FOUGHT FOR THE BLACK PEOPLES RIGHTS AND LOST HIS LIFE DOIN THAT AND WE DON’T HAVE ANYBODY THAT CRAZY TO SPEAK UP FOR US LATINOS HOPEFULLY ONE DAY I MEET THE PRESIDENT OBAMA AND LET HIM KNOW THIS HORRABLE SITUATION THAT I’M IN AND CHANGE THE RACIAL LAW THATS GOING ON IN AZ. I’M SENDING A LETTER FOR HELP TO WASHINGTON D.C. ASAP! I PAY TAXES FOR THE CITY OF PHX PD TO DO THEIR JOB , AND NOT TO HARRASED LIKE ME AGAIN AND GAVE CHARGES THAT MAKE NO SENCE AT ALL THERE IS WORST THINGS OUTHERE THAN TO MESSED WITH PEOPLE THAT ARE WORKING TO MAKE A GOOD LIVING AND I HAVE PEOPLE THAT WHITE BLACK LATINOS AND OTHER RACES AND KNOWS HOW TO RESPECT ME AND ACT LIKE NORMAL HUMANS. SO I GOT TO SAY IS TO HELP ME AND NOT TO SCREW ME, IF YOU’RE RACIAL PICK THE BAD SIDE AND IF YOU’RE NOT RACIAL PLEASE HELP ME.

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