Once you are arrested, what next?

Once you have been arrested, besides certain constitutional rights kicking in, what happens? Depending on the circumstances surrounding your arrest you might be subject to a curb-side line-up. This is when the police detain you at the place of arrest and bring the victim to you. The victim will then likely identify you as the suspect/perpetrator. Sadly, this line-up can be difficult to attack and is highly suggestive to the victim! If the police take you to a person who is arrested and has them sitting on the curb and asks you is this the person who did X to you; it is highly likely the victim is going to say yes.

If there is no curb-side line-up you will be taken to the local police station to be held until your arraignment hearing. This must happen within 72 hours, generally within 48 hours. Generally, it happens the next day unless you are arrested late on Friday or over the weekend and the Courts are closed. At the arraignment hearing, it is likely the public defender - unless counsel has been retained - will appear on your behalf to ask for your release on your own recognizance or for for a reduced bail. If bail is granted you must post bail before being able to leave. It is very important that you are honest with the bondsman and the information they request. If you are not allowed to post bail or the amount is too high you will remain in custody pending you suit. During the arraignment you will be asked to plead guilty, not guilty, no contest, remain mute.

There will be a second arraignment in which the prosecution will put forth evidence against you by calling forward witnesses. Your counsel will be able to cross examine the witnesses for the record. During this whole process, before arraignment and up to and through trial a negotiated plea may be reached between the defendant and the prosecutor. After the second arraignment a trial will occur. If you are found guilty during the trial a sentencing hearing will occur. This is when the judge will determine the amount punishment you must serve for breaking the law. After the sentence has been issued you can take it up on appeal.

Assuming you do not appeal you will serve your sentence. Once the sentence is served your case is over. Of course, one can always later appeal the findings or try and get your record expunged.

How it all starts

The first part of any criminal proceeding is always the commission of a crime. You the defendant may or may not have committed the crime. The police or any other executive agency will, generally, not conduct an investigation without a crime having occurred or still occurring. They do not have the manpower or resources to conduct a pro-active investigation. Furthermore, under our system a person cannot be guilty of a crime they have not committed. Criminal law is reactive and punishes actions done.

Once a crime has been committed a number of agencies may get involved in the investigation. Generally it is just the state police, but may include the FBI or ATF to name a few. These executive branch agencies are trained and equipped to conduct extensive investigations into criminal acts.

Lets assume you have been picked up by the police on any number of charges. At this point if you are being arrested the officer must read you your Miranda rights. I urge you to invoke your constitutional right and remain silent and request an attorney. Once you have been arrested a large number of constitutional provisions kick in, which will be discussed in the next posting.