What Happens After an Arrest?
Your Miranda Rights
Being arrested can cause a lot of emotional stress, especially when you're not guilty of the offense you have been charged with. You may feel scared, confused, angry, or distressed. Whatever you may be feeling or thinking, there is one thing that is extremely vital: After you've been arrested, don't say a word about anything regarding your case to anyone, unless it is your defense attorney. When you were arrested, the officer making the arrest should have "read you your rights," including telling you that "anything you say can and will be used against you in a court of law." This means that, if you say anything without the counsel of your lawyer, your words could very well be used to your disadvantage you by your prosecutor at your hearing. So be sure to keep silent until you have a criminal defense attorney to advise you.
Who can make an arrest?
There are two different situations for arrest. The first is an arrest for a misdemeanor, which is classified as a "lesser" offense that usually results in a fine or short jail sentence. In such a case, any police officer, private security guard, or other such law keeper has the authority to arrest a person if the misdemeanor is committed in their presence. No assumptions can be made; they must have actually witnessed the person commit the crime. This is different than cases where a person is arrested for a felony.
A felony is more serious, generally defined as a crime punishable by more than one year in prison. For a felony, a person can be arrested whether or not the officer actually witnessed the offender commit the felony. If the person making the arrest is a security officer or something similar, they must make the arrest and then hand the offender over to an officer or judge who has the lawful authority to take them into custody.
Get the Legal Protection You Need
Without proper the counsel, protection, and defense of a Attorney Martinez, the prosecutor in your case could use your own words to your disadvantage in court. Prevent this by hiring a lawyer with extensive experience and skill. At The Martinez Law Firm your attorney will have experience with both prosecution and defense, meaning they can defend your case from every side and could anticipate their opponent's thoughts and actions.
With a "Superb" rating from Avvo.com, as well as being a Houston Top Lawyer from 2009-present and nominated to be a Super Lawyer, Mr. Herman Martinez has all the reputation and qualifications to back up his experience as a prosecutor and a defense attorney. Find out what his firm could do for you by calling now.