Keep Calm and Remain Silent if You Are Arrested
If you are arrested, it is important to avoid panicking and to think clearly to make sure your rights are secured. The Fifth Amendment gives you the right to refuse to discuss allegations with police. Although you may feel that you can talk your way out of your situation, it is always prudent to request an attorney first. After you request an attorney, police are not allowed to ask you any further questions. It can be difficult to avoid discussing the allegations upon arrest, but your patience can have huge payoffs in the long run. Anything that you say at this time can be used against you in the future.
After the booking process, is complete, a judge sets bail. Bail is a promise that you will return to court. For those who wish to get out of jail quickly, the jail may have a standard list of bail amounts for certain crimes. Although the Eighth Amendment protects you from excessive bail, courts often set bail high to prevent an individual from leaving jail. If your bail is set high, you must make the decision to remain in jail, pay bail with cash or property, or utilize a bond.
Your criminal defense lawyer can often fight for lower bail, or for release on your own recognizance. If you cannot afford bail, you may purchase a bond for a percentage of the bail amount. The bondsman must pay the full amount of your bail if you do not return to court. As many popular books, films and television shows recount, if you do not return to court as promised, your bail bondsman will search for you to avoid paying the bond. A defendant may also be released on his or her own recognizance, meaning without payment. A judge may grant this type of release upon reviewing a defendant’s criminal history, employment, and connection to the community at the urging of your criminal defense lawyer.
The decisions you make at the time of arrest and booking can have lasting effects. Your attorney can make sure your rights are protected throughout this process as long as you stay calm and silent.