What Happens In The First 24 Hours After An Arrest?
A law enforcement officer will take you to jail right after your initial arrest. They don’t always bring you to jail right away. Sometimes they bring you to the police station, or the sheriff’s office depending on the type of crime they are alleging you committed. If you have knowledge about anything, they may place you in an interrogation room and ask questions after your arrest. If you have other information or it’s an incredibly dangerous case, they will take you to jail. They will turn you over to the corrections department for booking. After booking, you will be able to contact family or a bond agency to bond out of jail if you can. If a judge posts a bond, then you would be able to bond out of jail. You must offer any information regarding your residency though.
Depending on your arrest, If you don’t bond out of jail, you may not be able to get to the first court appearance. Some folks still incarcerated have the first appearance before a judge or a magistrate, and that is simply to advise them of their charges, and the bond fines. The judge will remind them of their rights under the Miranda law, which is to remain silent and their rights to an attorney.
What Rights Is Someone Entitled To After An Arrest?
Sufficient to say that you are under arrest, but you have a right to remain silent, the right not to answer any questions posed to you, and you have a right to tell a law enforcement officer, I don’t want to answer any questions without my attorney present. If you ask for a lawyer before responding to questions, then law enforcement is supposed to cease asking questions. That does not, however, include asking questions about your name, address, or date of birth. You do have a right to a phone call, but the officers have the right to book you formally into jail before you can exercise that right to that call.
You also have a right to know the officer’s name and badge number honestly, and what agency they represent. You also have the right to be treated with respect no matter what the charges are.
At What Point In Time Is Someone Allowed To Exercise Their Right To a Phone Call?
In dealing with my clients, they all go through the complete booking procedure before they enable the client to have their phone call. I explain that to my client’s that law enforcement will request all pertinent information for their records. If you need any medical attention or have a medical diagnosis, give them the information. I remind my clients to keep their phone calls short and to the point. You can tell someone that you are incarcerated or arrested and where they can bail you out if that is an option. Or they may reach out to a bonding company, or you can call a bondsman directly.
Can I Consult With My Attorney before Making A Decision On The Chemical Test In A DUI Case?
No, in Florida, there is what is known as the implied consent law with DUI cases. The officer doesn’t necessarily have to give you the right to an attorney to make that decision. They will discuss the consequences if you refuse to take that test. You have to make a decision as to whether to submit to the breathalyzer or refuse. In some states, once you obtain a drivers’ license that law automatically consents to submit to this test.
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