A Sequence Of Main Events When A Person Is Arrested
There are a series of events that occur when a person is arrested. When a 911 call is made and an officer is dispatched and responds to the call it is crucial that the officer follows protocol from the beginning to the end.
First there are your Miranda rights, this means that you must be advised of your rights before any questioning can begin. Protecting your fifth amendment right against self-incrimination, Miranda rights would not apply to traffic stops and only apply to persons in custody and being interrogated. Your Miranda rights include, your right to remain silent to not incriminate oneself because anything you say can be used against you, you have the right to court appointed council, you have the right to consult your attorney before answering any questions. The police have the right to frisk, only on the exterior clothing to check for contraband such as weapons or anything illegal. If arrested you will be booked, you will be asked questions regarding yourself and you will be fingerprinted and photographed, after a person is arrested and booked for their offense, you will go to the prosecutor's office and a decision will be made if there is enough evidence to hold you and what charges should be filed, your right to a speedy trial means a person must go before the judge and charges must be filed within 72 hours of your arrest.
The next step is arrangement, this means you must go before the judge and your charges will be read against you. You will be asked to plead your case, there are four possible pleads, guilty, not guilty, nola contendre, or not guilty by reason of insanity. In a felony case a defendant will not be asked to plead due to protection of rights. At this point it could be possible to get out of jail if bail is an option. If bail is to high you can wait until your first appearance to ask the judge for a reduction in bail. At your first appearance not much gets accomplished it is sort of a time of preserving one's rights, it is at this time a public defender would be appointed, or private council would be hired. The matter is then set for preliminary hearing. This means a crime has been committed and is there enough evidence or probable cause to move forward. During the preliminary hearing the prosecutors must have supporting evidence or probable cause to believe the defendant is guilty beyond a reasonable doubt, if there is not found to be any probable cause the judge can dismiss the case. If there is found to be probable cause the defendant will remain in jail. After a preliminary hearing and there is no jury trial all parties will submit the case on the record. At this time a judge will determine a defendant's outcome based on all of the evidence. Most of the time when this occurs it is in favor of the prosecution. If a case goes to a trial there will also be a preliminary hearing and an arraignment would be discovery and motion practice it is at this time that both parties exchange information.
The next step is plea bargaining, a person may decide to plead guilty or to a lesser charge to avoid going to trial, after a plea agreement the court can do three things, reject the plea agreement, accept the plea agreement, or discuss alternatives or make a recommendation. If the case goes to trial, it is held before a jury of one’s peers. If a person waives his rights to trial it would be referred to as a bench trial. During the guilt phase both sides will argue the case and following closing arguments the case will be submitted to the jury for deliberation, during the sentencing phase the jury decides the punishment. At this point victims can come forward to offer victim impact statements. The court will then impose sentence which could include imprisonment or some other rehabilitation.
Generally, there will be restitution conceded with the case, the victim may be entitled to compensation in cases of burglary or physical harm. After sentencing the defendant will either be incarcerated or vindicated, at this time probation or parole will be recommended.
