Following an Ocean City Assault Arrest
Knowing the arrest process and what steps you need to take could be essential to the outcome of your situation. If you have been charged with a violent offense, reach out to a seasoned lawyer today. A well-versed attorney could work tirelessly to defend you and ensure that your rights are being protected.
Getting Processed for Assault Arrest
Following an arrest for assault, the individual will be taken to the public safety building on 65th street. There, they will be processed. When someone is being processed, they give law enforcement their name, social security number, and will get fingerprinted.
The person will then be brought in front of a commissioner. This is an important part of the process for the defendant, because the commissioner could determine that the individual is eligible to be released on their own recognizance or that they must pay a bond in order to be released.
It is possible that the defendant may be given two separate court dates. The first one would be what is called a preliminary inquiry, where the defendant would be brought in front of the court for only a very brief hearing. Here, the court tells the defendant of the charges against them and what the maximum penalties are that they could face. The court will also advise that person of their right to retain an attorney.
This type of hearing take very little time and it is not uncommon for there to be multiple schedules on the same day. The next court date is when the defendant is advised of their actual trial date. Then, if the commissioner decides that the person needs to be held in jail, then the defendant will have to post a bond. This leaves the individual with two choices: they could either post the bond or choose to wait until the next court date.
If the defendant decides to wait until the next court date, it is possible that the judge will choose to release them on their own recognizance. It is also important for the defendant to know that the judge also has the right to increase the bond.
Invoking the Fifth Amendment
Following an Ocean City assault arrest, it is crucial that the person being arrested stops speaking to law enforcement regarding the charge. The individual may answer basic questions but that should be it. It is critical to understand that anything the person says could be used against them in court.
When someone is being arrested, they should invoke their Fifth Amendment right and then reach out to an accomplished defense attorney. A lawyer can communicate with law enforcement on behalf of the defendant.
Legal Counsel for What to do Following an Arrest for Assault in Ocean City
Being released for own recognizance is when someone is released from jail following an arrest without having to post bond. Instead, the individual will promise, in writing, to appear in court for all upcoming proceedings.
Someone is much more likely to be released on their own recognizance if they have lived in the same place for a while, if they are gainfully employed, and if they do not have a prior criminal history. These are the sort of things the commissioner will consider when thinking about releasing someone on their own recognizance. To learn more about the process following an Ocean City assault arrest, contact a dedicated defense attorney today.