The first part of a criminal case will be the arrest. In order to take you in to custody, the officer will need to have probably cause. This is covered under the Fourth Amendment and was instigated to protect citizens from being taken advantage of. An officer will need to either get an arrest warrant from a judge or they will need to be able to justify the arrest after they have taken the individual into custody. When an individual is taken into custody they will need to be read the Miranda Warning. This includes the following:
- Right to remain silent
- What you say can be used against you
- Right to speak with an attorney prior to speaking with police
- If you are unable to afford a lawyer then the court will appoint one to you
- If you begin answering questions, you can stop at any point to wait for your legal representation
- An officer will then ask if knowing all of this, you are willing to speak with the police without your attorney
Once a suspect is taken into custody, their case can go one of three ways: They can be released if a charge is not filed, they may post bail or leave under the promise that they will return to court for the scheduled date or they will remain in jail.
In order for the case to start, there are three things that can take place. The officer will need to write the report that discusses what happened prior to the arrest. Often times, the defendant will not have access to the report that is made, but a lawyer can. Next, the prosecution will need to decide what they are going to file for. They will also need to determine if the crime will be considered a misdemeanor or felony. Following that, the defendant will have the right to a speedy trial. The charges will need to be filed by the prosecutor within 48 hours from the time of the arrest. This includes business days and holidays and weekends are exempt. If you have been arrested, call the Law Offices of Adam L. Pearlman immediately