An arrest can be a scary experience, especially if the authorities fail to obey the law when doing so. There are many laws, in fact, that the police must abide by when making an arrest. And when they fail to do so, criminal defense attorneys can take advantage of this for their clients. However, without legal guidance, suspects often don’t even realize that their rights have been violated. Therefore, if you’ve recently been arrested, you should immediately contact an experienced Silver Springs criminal defense attorney to review your case. Below is some additional information on the arrest process in Maryland.
The arrest – An arrest officially occurs when a police officer takes a suspect into custody. Arrests sometimes involve the reading of Miranda rights, which must be read to a suspect when he or she is in police custody and under interrogation. The police are permitted to frisk a suspect during an arrest in order to determine if he or she is concealing a weapon. However, police sometimes go too far with their searches or fail to read suspects their Miranda rights prior to interrogation, thereby giving criminal defense attorneys the opportunity to challenge such arrests in court.
Booking – The booking process begins following an arrest. During booking, the police collect basic information such as a suspect’s address and phone number. In addition, suspects are photographed and fingerprinted during booking. The booking process typically involves the collection and inventory of a suspect’s personal property.
Charges – Following an arrest, the police forward information regarding the arrest to the prosecutor’s office. The prosecutor then reviews this information and decides what charges to file. For felony arrests, a prosecutor may enlist the services of a grand jury to assist with the determination of charges. Charges are typically filed within 72 hours of arrest.
Court appearance – When a suspect is placed in custody, he or she has the right to appear in court, hear his or her charges, and enter a plea. It’s imperative that a criminal suspect obtain experienced legal representation prior to his or her first court appearance.
Bail – When a suspect is placed in jail, he or she may be given the option to post bail, which is a court-determined sum of money paid to the court in order to ensure his or her appearance at later hearing dates. As long as a suspect shows up in court as required, bail is refunded upon conclusion of the case. However, if a defendant fails to appear in court after posting bail, the court keeps the money and may issue an arrest warrant.
Silver Spring Criminal Defense Attorney
At the Law Office of Asher Weinberg, we base our mission on the ideal that each accused person is innocent until proven guilty. With this principle in mind, attorney Asher Weinberg works tirelessly to defend his clients against criminal charges of all kinds, including minor misdemeanors and felony charges. If you are facing criminal charges in Maryland, please contact us today for a consultation.
Posted in: Criminal Defense