Charged with a Crime? The Dos and Don’ts after Being Arrested

Anyone can be arrested for a crime if a law enforcement agency has a reasonable belief that a crime has been committed. In some cases, the arrest is carried out in response to a warrant issued by a judge.

If you have watched many crime shows, you might have some idea about how events unfold after a suspect is arrested. It is much more in real life.

According to a criminal defense lawyer at Cohen & Winter PLLC, getting arrested can be stressful and overwhelming for most people. The fear of social stigma, personal consequences, financial hardship, legal troubles, a criminal record, and the impact on family are common concerns for individuals facing arrest.

Knowing what to do and what not to do after an arrest can help protect your rights and improve your chances of a positive outcome.

Difference between arrest, charge, and conviction

An arrest is when law enforcement officers detain an individual for suspicion of committing a crime or about to commit one. The officer may then take the person into custody to prevent them from fleeing or harming themselves or others.

Arrest is the first step in a criminal case. During the arrest, the officer must identify themselves as a law enforcement officer and state the reason for the arrest.

On the other hand, being charged with a crime means you have been formally accused by state officials of committing a crime that must be proven in court.

The specific charges will outline the alleged crime or crimes you are accused of.

Typically, when charged with a crime, you will need to appear in court to face the charges. You will be allowed to prove your innocence.

A conviction means the person arrested and charged has been found guilty. This is decided by a judge’s or jury’s verdict; sometimes, people also take the guilty plea for a favorable punishment such as a reduced jail time.

Can you be charged with a crime without being arrested?

You do not need to be arrested for small misdemeanors before you are charged and prosecuted.

A typical example is a speeding ticket that comes with instructions about how to pay for it. You can dispute this at a scheduled hearing in court if you do not want to pay.

In cases such as federal financial crime where you can be indicted by a grand jury, do not wait until you are arrested before contacting a criminal defense attorney.

Criminal vs. civil case

For some people, whenever an individual has a court case, they automatically assume the person has committed a crime.

Criminal and civil cases are two distinct legal proceedings with different goals and procedures.

Criminal cases are prosecuted by state officials (prosecutors), while civil cases involve private individuals or organizations (plaintiffs).

Penalties for criminal cases can include fines, probation, imprisonment, or even death sentences in some cases, while the penalties for civil cases usually involve monetary damages.

What to do after being arrested for a crime

Getting arrested is just an initial stage in a complex and intricate series of actions you are about to experience within the criminal justice system.

You will likely go through the following processes until the court declares a verdict:

Arrest

For many crimes, you will be arrested at the scene of the incident or after an arrest warrant is issued by a judge. You will be presented with a copy of the arrest warrant before they arrest you.

Your details, including the crime you are suspected to have committed, will be entered into the law enforcement agency’s database.

A police report summarizing the events leading up to the arrest and other details, such as witnesses, will be prepared and forwarded to the district attorney. The district attorney will review the report to decide whether to press charges. If the district attorney decides otherwise, you will probably not be charged with any crime.

Arraignment

If the prosecutor decides to press charges, you will be arraigned in court. This will be the first time you will appear in front of a judge after the arrest. During the arraignment, your charges will be read, and you will be asked to enter a plea of guilty, not guilty, or no contest. No contest plea means you do not contest the charges but do not admit guilt. It is similar to a guilty plea.

If you plead not guilty, the judge may decide to set bail until the trial date.

Preliminary hearing

A preliminary hearing is a court proceeding after an arrest and arraignment. It is a mini-trial where the prosecution presents evidence to convince the judge that there is enough probable cause to proceed with a trial.

If the judge does not find probable cause, the case is dismissed.

Trial

This process can be time-consuming. Most cases do not make it to trial. The prosecution and the defendant may reach some form of plea agreement before the trial starts.

During the trial, the prosecutor will present evidence to prove the defendant is guilty of the crime of which they are accused. The defendant has the right to defend themselves or be represented by a lawyer.

Verdict

The verdict is the court’s decision on the matter. It determines the outcome of the case. If it is a jury trial, the jury will vote to decide after hearing the evidence from the prosecutor and defendants.

In cases where a jury cannot reach a unanimous decision, it’s called a hung jury. This can result in a mistrial, and the case may be retried.

What you do from the time you get arrested can play a significant role in your verdict. Below are some ways to increase your chances of getting acquitted;

Exercise your Miranda right

During your arrest, be polite and compliant. Resisting arrest could lead to additional charges.

You have the right to remain silent when arrested. Avoid pleading with the police or saying things to prevent them from arresting you. Anything you say can and will be used against you in a court of law.

Ask to speak with a lawyer. This is a fundamental right.

Hire a criminal defense lawyer

This offers you invaluable protection against self-incrimination. A qualified criminal defense attorney can advise you on your rights, represent you in court, and help you navigate the legal process

Your attorney will explain the charges against you and help you understand the potential consequences.

They can also help you get justice if you were maltreated by law enforcement officers during your arrest.

Mistakes to avoid when charged with a crime

If you want to improve your chances of winning the criminal case against you or reduce the penalties of the conviction, avoid the following mistakes:

Talking about your case

Do not discuss your case with anyone except your attorney. Sharing details with friends and family could harm your case. Likewise, avoid posting about it on social media.

However, it is recommended you document the details of the arrest while the memory is still fresh. This recollection may help provide clear insights into what transpired and could impact the outcome of your case.

Representing yourself

Legal proceedings can be complex. Your prosecutor is an experienced lawyer; going against them in court all by yourself might be setting yourself up for failure.

You should hire a qualified attorney to represent you. Aside from improving your chances of getting acquitted, your lawyer will direct you on what to do and avoid complicating your case