What Can I Expect To Happen In The First 24 Hours After An Arrest?
Shortly after an arrest, a person can expect to be read the Miranda rights by the arresting officer, which is the right to remain silent and the right to an attorney. This also includes language that if a person can’t afford an attorney, then one will be appointed to them. Typically, a suspect is read those rights in anticipation that the arresting officer would want to question that individual to get their side of the story or obtain evidence. Next, a person can expect to get transported to the local police or sheriff’s station and booked into jail.
The booking process involves being photographed and fingerprinted. In San Diego County, it also involves giving a DNA sample via a cotton swab taken from the inside of the mouth. During the first 24 hours after an arrest, a person will typically be in a special holding cell in anticipation that the individual might get bailed out. With the exception of a few serious charges, an individual has the right to bail. Most people utilize the services of a bail bondsman, as it is generally the quickest way to be released from jail.
What Rights Does Someone Have After They Have Been Arrested?
After someone has been arrested, they have the right to remain silent and the right to an attorney.
Will I Be Arraigned Before I Am Released From Jail?
Whether or not a person will be arraigned before they are released from jail will depend on whether or not bond is posted for them. If a bond is posted before the person is assigned an arraignment date, then they would be released from jail before their arraignment. A person could possibly be released after the arraignment if the judge orders that they be released on their own recognizance. Otherwise, a person would have to remain in jail until bail is posted or until their case is resolved.
At What Point Should I Contact An Attorney After Being Arrested?
If a person can afford an attorney, then they should obtain one as quickly as possible after being arrested. There are many ways that an attorney can assist early on in a case to help. If a person cannot afford an attorney, then one will be appointed to them at the time of their arraignment.
Can I Contact An Attorney Prior To Taking A Breath Or A Blood Test In A DUI Case?
A person cannot contact an attorney prior to taking a breath or blood test in a DUI case. There is no right to an attorney at that point and the officer will not allow for a delay so that an attorney can be present. One should not even ask to speak to an attorney before taking a breath or a blood test. If they do, the officer could consider the request as an attempt to delay taking the test and charge you with a “refusal”.
How Do I Know What To Do Once I Have Bonded Out Of Jail?
Once someone has bonded out of jail, they should contact their attorney. They should also be careful not to discuss the facts of their case with anyone other than their attorney. When someone leaves the jail, they typically leave with whatever belongings they arrived with, such as their wallet, identification, money, or cell phone. They will also receive paperwork that will indicate the date of their next court appearance. If the person was charged with a DUI, then they would also be given a temporary license.
Will I Be Able To Drive If I Have Been Arrested For A DUI? What Happens To My Physical License?
If someone is arrested for a first-time DUI in California, then they will be able to continue driving for 30 days. An individual would have 10 days to request a hearing with the DMV in order to dispute any suspension. As long as one has a valid California driver’s license, they can drive for at least 30 days after the arrest. The physical license will be confiscated and an individual would be given a paper that would serve as their temporary license. If one has an out-of-state license, then the individual would be able to keep it because the officer in California would have no jurisdiction to take it.
What Advice Would You Give To Someone After An Arrest To Get The Best Outcome In Their Case?
In order for a person to get the best outcome in their case, the best advice I can give is to not discuss their case with anyone except their attorney. Of course, I would also advise them to remain law-abiding and not get into any additional trouble while their case is pending. I would tell people to stay busy by being in school, working a job, or a combination of both. This is something that will reflect positively in the court’s eyes.
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