Posted on June 22, 2022 in Criminal Defense
Being arrested for an alleged crime can be one of the most stressful things in your life. In the blink of an eye, you can go from being a free person to being restrained in handcuffs, taken from your regular life, and confined in a jail cell.
Many people feel confused, helpless, and terrified. And for good reason. But, regardless of who you are and what you have been arrested for, you need to know certain things after you get arrested in Phoenix.
The first thing you need to know about when you are arrested in Phoenix is the process. The process may differ slightly depending on whether you are arrested for a juvenile, misdemeanor, or felony offense. However, it is generally the same.
After you are taken into custody, the arresting jurisdiction (city or county) must arraign you within 10 days of your arrest. At your arraignment, you will be brought before a judge and you can enter your plea of “not guilty.” The judge will then decide whether you will remain in custody or be released on your own recognizance. The judge will also set your next court date.
Regardless of whether you are still in custody or released, the next court date you will attend is a Disposition Hearing or Disposition Conference. At this Disposition Hearing or Disposition Conference, you will have an opportunity to meet with your attorney and then decide how to proceed in your case.
There are generally four options for how to proceed with your criminal case in Phoenix. First, you can negotiate a plea deal with the prosecution and resolve your case in the Disposition Hearing or Disposition Conference. Second, if you, your attorney, or the prosecution believe more investigation needs to be done in your case (i.e., scene investigations, interviews, chemical tests, etc.), you can request a continuance and get a new court date.
Third, after discussing the matter with your attorney, you could set your case for trial. Finally, the prosecution could dismiss its case against you if it believes that the alleged facts are insufficient to meet its burden at trial.
You have likely heard on television shows, in movies, or even in school that a person accused of a crime has the “right to remain silent.” This right is included in the Miranda Warning given to people taken into custody for an alleged crime. The right to remain silent comes from the Fifth Amendment of the United States Constitution.
The Miranda Warning’s “right to remain silent” is especially important. Anything you say to anyone after being taken into custody can be used against you in your criminal case, including statements to police officers.
Sometimes officers casually try to talk with you and ask you what happened. You do not have to respond. You might also want to explain yourself or try to prove your innocence. But, you might say something, even accidentally, that incriminates you or makes it sound like you may have done something.
If you are in custody pending resolution of your criminal case, you may want to call friends or family from jail to talk about your case. Be careful doing this. Officers or jail staff can listen to or record your phone calls, and you may accidentally make self-incriminating statements that will be used against you in the future.
Exercise your right to remain silent and protect yourself from accidental self-incrimination. If you are in custody, do not speak with anyone about your case other than your attorney. These small steps are meant to protect you in the long run.
Your first call after being arrested should be to a criminal defense attorney. A criminal defense attorney can protect your rights throughout your case. They will advise you of your legal rights, such as your right to remain silent, and look out for your best interest.
They can investigate the circumstances of your alleged charges, negotiate with prosecutors for a dismissal or a favorable plea deal, or take your case to trial to prove your innocence. Contact Orent Law Offices today to schedule your free consultation with a Phoenix criminal defense attorney.
For more information, contact the criminal defense attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.