Columbia Arrest Process
The arrest process in Columbia involves a person being taken into custody and having their rights or liberties to be free being restrained because there is probable cause to believe a criminal act was committed by the individual. Custody could result in them being taken to a police station, a courthouse, or other location where they are given information about the charges against them and the issue of bond is addressed.
Do not hesitate to reach out to an experienced criminal defense lawyer following an arrest. Early legal representation may make the difference between a conviction and an acquittal.
Who Makes Arrests?
Police officers are qualified to make an arrest, as are other agents of the government such as commissioners and sheriffs. An officer may make an arrest based on their own probable cause or based on the order of a judge who issued a warrant establishing probable cause.
Miranda rights are given to anybody in the United States who is in custody for interrogation by law enforcement that might result in an incriminating response. One of the most common misconceptions about Miranda rights is that everyone who is arrested should be Mirandized. People are not usually Mirandized unless they are going to be questioned about an incident and the questioning takes place in custody.
It is important to speak with an attorney about the process when one is Mirandized so that the lawyer can determine whether police violated any constitutional protections. If they did, that might result in evidence being subject to suppression at trial.
An individual may have the chance to surrender themselves if their attorney has a relationship with the police department or with the prosecutors on the case. Arrangements can be made for the person to turn themselves in, which is a significant credit to them when it comes to determining their bond and helping the court understand that they are not a flight risk if they are released on bond pending their trial.
When there is a concern or a question about whether or not somebody should be released on bond, one of the first considerations a judge notes is whether the person is a flight risk. An individual who turns themselves in presents themselves as one who is going to cooperate with court dates and court appearances and will not force the court to issue warrants for their arrest once the case is progressing. An experienced criminal defense attorney in Columbia could help facilitate a self-surrender and improve a defendant’s standing in the eyes of the court.
When to Contact an Attorney During the Columbia Arrest Process
One of the most common mistakes during the arrest process is to begin speaking without invoking your right to counsel. It is always important that one an arrestee is polite and cooperative, and lets the police officers know that they respectfully reserve their right to counsel and wish to speak to their attorney before answering further questions or giving additional information.
If you have been arrested, contact a lawyer as soon as possible to ensure that you are not subject to police interrogation without an attorney present.