Criminal defendants on trial: under immediate arrest

The police have a chilling way of bringing a person into the criminal justice system: “You are under arrest!” Through the impact of these words, you realize that it is better to comply with his instructions or you may feel the sting of the Taser, the bite of the police dog, or the wrath of the baton. Terror, anger and confusion fill the moment. You are on your way to jail, your first appearance hearing, your bondsman interview, your attorney’s office, trial court proceedings, and a jury trial. Now he is inside the criminal justice system until the whole process is over.

*What is a warrant or capital?

An arrest could be based on a court order. But these include only a small percentage of arrest situations. A warrant (or capias) is a document issued by the trial court. It is a demand that the police arrest him immediately wherever they find him. Since these previously issued court orders were based on circumstances that you knew were in process [like violations of probation, failure to show up for a court hearing, etc.]They shouldn’t be a total surprise. It is possible that you will run a stop sign and be pulled over. The police check your driver’s license and a copy appears on the screen. In a very short time you will be under arrest.

*Can I be arrested without a warrant?

Yes. The vast majority of arrests are made by police officers acting without warrants. Suppose you are shopping. You walk out the door with packages in hand. When you go out to the parking lot, you are stopped by a security officer. He searches through your bags and finds the clothes you just bought. He asks, “Where’s the bill of sale?” You can’t find it. “He goes back inside so we can fix this.” The clerk doesn’t remember you in her register. She calls the police. She is now under immediate arrest.

Imagine that you are driving your friends and you stop at a store. They go inside. You do not see what happens but they end. They jump up and shout: “Drive, drive! Don’t stop!” You follow their demands and leave. A high-speed chase ends with a swarm of cops standing around your car; drawn guns. They’re yelling, “Get out of the car and onto the ground.” Later you find out that one of your friends tried to rob the cash register. When he went wrong, he shot a man. You are being charged with intentional homicide. You are in a panic and you are also under immediate arrest.

*What happens if I try to resist the police?

Let’s discuss what to do and what not to do when you are detained. Never try to fight with the police. You will get additional charges. Don’t try to run away. You will get more charges and rough treatment. This is not a battle between you and the police. This is the police doing what the government has hired them to do. They are under a duty and will not back down.

go in peace This will help you now and may help your case later. As in all life, humility overcomes arrogance.

Don’t try to talk your way out of it. You should only tell the police your name, age, address, and other personal background information. Failure to provide them with this identifying information could result in an additional charge known as resisting an officer. But that’s where you should stop talking. DO NOT SAY MORE!

*How do I get them to stop asking all the questions?

Do not discuss the facts or circumstances of the case with anyone. Tell the detectives you refuse to talk until you have a lawyer. That is a key phrase in the law. Under the 5th Amendment to the US Constitution, you have both the right to remain silent and the right to an attorney. If you assert the right to remain silent by saying, “I don’t want to say anything,” the police may still try to get you to talk. If you start talking about anything, the trial court may rule that you gave up your right to remain silent. Only you can waive your rights, so don’t talk.

If you say over and over, “I want to speak to a lawyer,” the law says that the police must immediately stop questioning you until your lawyer is present. When his lawyer arrives, he will tell the police that he will not give a statement.

*Will the circumstances of the arrest be part of the court case?

The police will definitely testify in court about the arrest. They will tell the jury what you said and what you did. Keep these things in mind:

• Police cars are equipped to record videos. Some can record audio conversations. There are also video cameras in police stations and jails. These can be presented as evidence at your court hearing or trial.
• WARNING: Prosecutors used audio and videotaped jail visit conversations at trial. There is no right to privacy during detention. Just discuss your case with your attorney.
• The police could conduct a “presentation identification”. This is where the victim is brought to the scene of the arrest to see if they can be identified. Be calm and collected. Do what the police tell you to do.
• If your friends get arrested with you, don’t tell them about the case either. Do not communicate with them at all. This could seriously affect your case.

The terrifying experience of being arrested will come to an end. From the initial police stop to the booking process, this could be the worst day of his life. The most important thing to keep in mind is that you do not talk to anyone except your attorney about the facts of your case.