Criminal Law Frequently Asked Questions . . .

Below are some quick answers to some common legal questions often asked by clients or their family members. This information is not meant to substitute for actual legal advice or analysis  because no two cases are exactly alike and a single small difference in the facts of a case can make a huge difference in the outcome.

 

General Questions . . .

What happens after I am arrested?

Can a police officer detain me without arresting me?

The officers will take you to a police station, jail, or other detention facility where you will be put through a process called "booking." As part of being “booked,” you will be fingerprinted, photographed and told what you are being charged with. You may be interviewed or interrogated by the investigating officers.

You may be asked to participate in a lineup and say word used by the perpetrator of the crime you are suspected of committing. You may be asked to give a breath sample, or a sample of your salvia, blood, hair, or handwriting. If so, you should ask to contact your attorney to arrange for him to be present.

Sometimes, with minor offense, bail is set according to a pre-determined schedule. In more serious cases it will have to be set by a judge. Sometimes the judge will do this after reading an affidavit prepared by the arresting officers. Oftentimes, the person is taken before a magistrate or judge to have bail set in open court after a hearing.

Eventually, you should be allowed to contact an attorney and someone to post bail for you, once a bond amount has been set.

What are my rights when a police officer starts to question me?
When am I officially "under arrest"?
Can a police officer arrest me without an arrest warrant?
How much force can a police officer use?
What property of mine can a police officer search?

What happens after I am arrested?

If I am arrested how do I get out of jail?
If a Police Officer asks me to take a field sobriety test. Can I refuse?
I was arrested several years ago. Can the arrest be expunged or removed from my record?