You will never expect to be arrested, yet a considerable proportion of Americans have had interactions with police enforcement. While we live in a free nation, there will still be numerous ambiguous regulations that can harm ordinary Americans.
After all, whether you have committed the crime or not, you might face criminal prosecution sooner than you think. Arrests may not always result in sentences, but they are significant matters. If you were arrested for a crime or genuinely think you were wrongly arrested, you must be aware of your legal protections whenever arrested.
Such legal rights will assist you in the processes that follow your arrest. So here is everything you need to know.
Miranda Rights are a legal concept that you may have heard about before. These were established in the landmark Supreme Court decision Miranda vs. Arizona. These rights enable the arresting officer to notify you of your rights both during your arrest and prior to detention.
This is referred to as ‘The Miranda Warning’, and it indicates that the detained individual has the right to stay quiet. This implies they are not required to talk or respond to legal inquiries until a proper interrogation procedure is initiated.
The Miranda Warning is an extended form of the Fifth Amendment rights. This implies that no individual is compelled to testify against themself.
Holding and Processing
After being detained and given your Miranda Rights, you will be taken to the nearest police station. There, you will go through what is commonly referred to as “processing,” in which your name and other identifying information, such as your fingerprints, will be obtained and recorded.
If the authorities think that you have guns, drugs, or other contraband on you, they may conduct a full-body search. A photograph, sometimes referred to as a “mug shot,” will also be taken. Regrettably, all of this information is available to the public. However, under some instances, you may be able to have your record sealed or erased.
36-Hour Rule and 48-Hour Rule
The 36-hour rule mandates that the detained individual be hauled before a court within 36 hours of their arrest. Legal holidays and Sundays were not included in the 36-hour timeframe. These rules would apply if you have been arrested without such a warrant. However, if you are apprehended on a warrant, Sundays and holidays should be included in the 36-hour timeframe.
There’s also the 48-hour rule. This entails that a defendant cannot be detained in police detention for longer than 48 hours from the time of arrest. The sole alternative is when a judge signs a complaint. If the judge feels that there is probable cause for a charge, he or she will sign this complaint.
When both 36-hour and 48-hour rules are violated, a court will almost certainly order your immediate release. However, no charges are dropped as a consequence of this.
Whenever you believe you were harmed while in police detention, go to your lawyer about it. In the best-case scenario, your lawyer can petition to have comments made by you while in custody suppressed. In certain situations, your lawyer may be able to persuade a court to throw out the case entirely.
Selecting a Bail Bondsman
You will very assuredly be given a bond hearing during your 24-48 hours in a detention center. During this hearing, a judge will review your case and evaluate whether your bond should be set high or low, or if you’ll be given bail at all. During your proceeding, the judge will weigh a number of criteria, including:
- If you are a danger to the public,
- Whether or not the claimed offense was violent
- Whether any putative victims were engaged
- Whether you have a police record
Once your bail is determined, you have the option of paying it at any time in order to be freed. Keep in mind that your bond will be subject to particular conditions, such as remaining in the state and attending all court appearances on schedule. If you violate these conditions, your bail will most likely be forfeited and you will be sent to jail.
If you are unable to pay bail, you can obtain a credit known as a “bail bond,” such as bail bonds in Colorado.
Bail bonds in Colorado would provide defendants with various benefits over dealing with the courts directly. To begin with, most accused individuals have little to little understanding of how the bond administrative procedure works. They don’t know what questions to ask or who to focus their enquiries to.
The knowledge of a bail bonds business with the process may aid to hasten release. A bonds service also provides the following advantages:
- Faster Discharge. Because a good bail bonds colorado understands the process, they have also taken the effort to create professional connections with those who work in the system. This can result in an earlier release, allowing the defendant to attend to family affairs, reduce lost work, and build a clear and comprehensive legal strategy with their counsel.
- More Compassionate Treatment. Bail bond companies are less inclined to regard you as a criminal. You are a client worthy of superior care and customer service in their eyes. Their interactions are motivated by a desire to assist you, which may be quite beneficial to morale through what can be a disheartening process.
- Payment Schemes. Even if you pay a small percentage, typically approximately one-tenth of the bail amount, you might end up paying thousands of dollars out of pocket. Courts need upfront payment, which is out of reach for a substantial portion of the population. Using a bail bonds Colorado allows you more freedom because you may arrange payment terms with the business itself to minimize the impact on your family’s finances.
The legal system may be perplexing, and it’s easy to make a misstep that could jeopardize your freedom. You should take this guide to help prevent this circumstance and protect yourself as much as possible, and if you need bail bond services, you may contact us at any time.