Picture this scenario: you’re heading home from a friend’s house where you know you drank too much alcohol to drive, but you figure you live close enough that it won’t be a big deal. Then you see red and blue lights flashing in your rearview mirror. As you pull over, you realize there is no way this interaction doesn’t end in an arrest. Here are some things you can expect to happen over the next 24 to 48 hours.
This is an important part of the process because it has to do with your constitutional rights. The Fourth Amendment protects you from search and seizure unless police have probable cause to do so.
During this time, police will ask you questions about the alleged crime. No matter what they say, it is vital that you do not answer anything without a lawyer present. Whether or not you are innocent, what you say to the police at this time can be used against you. Before you speak, you need someone on your side who knows the law and can help you navigate what you should and shouldn’t say.
The lawyers at Brown, Bradshaw & Moffat would be happy to help you with this part of the process.
Booking happens once you are taken to the jail facility. It only takes place if the arresting officer has a probable cause statement or if there is a court order to take you into custody.
Every jail has a different process, but some things are pretty standard:
In certain circumstances, you may undergo a full-body strip search, but that is only when your arrest meets certain criteria.
At the end of the process, you may be placed in a holding cell, but that is not always the case. It only happens if there is no way for you to be released without either a court order, a pretrial, or bail.
Bail is a certain amount of money you need to pay to be released from jail. You can actually get the money back if you meet the conditions the judge sets for you. If you don’t, you forfeit what you paid.
Another way to get released is through a bond, which is posted on your behalf. This is often through a bail bond company, which charges a certain percentage of the bail. When you meet the conditions, the company will get the money back.
The bond company signs a contract that makes them liable to lose the money if you do not show up to court. Because of this, you may have extra conditions through the company including regular check-ins or monitoring.
More Court Hearings
The court hearings you go to after this depends on your situation, including the nature of the alleged crime. Having a lawyer to defend you through this process is a really good idea, and you will want one with experience.
The attorneys at Brown, Bradshaw & Moffat have more than two decades under their belts and can assist you at every stage of the legal process. Call (801) 532-5297 for a free consultation.
