Being arrested can be a frightening experience. However, you must remember that there are specific procedures law enforcement officers must follow during an arrest, and you do have legal rights during this process.
When being placed under arrest, it is best to remember to remain calm and provide law enforcement with your identifying information. Next, advise the police officer you wish to remain silent, and you are requesting an attorney. Do not give additional information to the officers.
If you have been arrested, you should immediately call our leading Orange County arrest lawyers at The Law Office of Scott D. Henry. Our team of experienced criminal defense attorneys could quickly be there to assist you through every step of the process. We understand how much is at stake and could take steps that could result in a positive outcome.
Contact our team for assistance today!
Criminal Defense Services at the Law Office of Scott Henry
At the Law Office of Scott Henry, we handle a range of criminal cases that can lead to an arrest and serious legal consequences. Our team actively defends clients facing DUI charges, where driving under the influence can result in immediate arrest and possible license suspension. We also represent individuals accused of drug offenses, including possession, distribution, and manufacturing, all of which can carry severe penalties and may lead to incarceration. Additionally, we work on cases involving violent crimes, such as assault and battery, which often lead to an arrest due to the physical harm or threat involved. Domestic violence cases, involving accusations of abuse within households, also fall under our defense services and can quickly escalate to criminal charges with restrictive legal orders. Theft and property crimes, including burglary, shoplifting, and vandalism, are other areas we address, with many cases resulting in arrest and possible restitution or fines. For clients facing white-collar criminal charges like fraud, embezzlement, or identity theft, we work to safeguard their rights and challenge the charges presented. No matter the criminal charges you face, we strive to provide strong, informed defense strategies to protect your future.
When Happens During the Arrest Process in Orange County?
In California, an individual is typically arrested when:
- A law enforcement officer witnesses you committing a crime
- The court has issued an arrest warrant
- You are a suspect in a crime, and the officers have probable cause to believe you committed this crime
Additionally, there are specific procedures law enforcement officers must follow. One of the most critical procedures they must adhere to is the reading of your Miranda Rights. Scott D. Henry and his team cannot stress enough to clients that it is always best to remain silent during the arrest process until your attorney is by your side.
The officers may still attempt to question you even though you have expressed your request to remain silent. Remember, law enforcement officials cannot use your silence against you. If you speak to them, you run the risk of incriminating yourself. That is why it is crucial to have effective legal representation. We could represent you throughout the entire process and assist you if law enforcement officials question you.
Additionally, we could discuss the charges and determine the best course of action in moving forward. This is a crucial point in the criminal process, so you should have the most skilled representation to help you fight for a favorable outcome.
What Happens After Someone Gets Arrested?
After an arrest, law enforcement officers take the individual into custody to complete the booking process. During this procedure, officers typically ask for basic identifying details, including the person’s birthdate, address, and other essential information. This data is recorded for future reference in case proceedings. Next, the individual undergoes a series of steps, such as photographing and fingerprinting, which help create a record of their identity and physical appearance. This documentation is crucial, as it links the individual to the criminal charges they are facing and establishes their connection to the case in the justice system. Depending on the nature of the criminal case or the specific circumstances surrounding the arrest, the accused may also be required to participate in additional procedures, such as a line-up. In this situation, witnesses might view the line-up to help determine if the accused matches the description of a person involved in the alleged crime.
Booking Delays
Occasionally, law enforcement may detain an individual without completing the booking process within a reasonable timeframe. In cases where a delay in booking raises concerns, a criminal defense attorney can seek assistance from the court by filing a writ of habeas corpus. This legal motion calls for the court to require law enforcement officials to present a valid justification for holding the individual. If granted, this order compels law enforcement to show that there is a legitimate basis for the detention. By filing a writ of habeas corpus, a criminal defense attorney enables the accused to question the legality of their confinement, offering a potential pathway to secure their release if the detention is deemed unjustified.
Failure to Appear Post Release
In situations where a minor offense has led to an arrest, the individual may be released following the booking process and receive a notice with a date and time for their arraignment. It is essential to attend this court appearance, as failure to appear could result in the issuance of an arrest warrant. In cases where criminal charges are more severe, however, the individual may be held in the county jail until their arraignment. At the arraignment, the accused will hear the criminal charges presented against them, and the court may decide on bail or further detainment. An experienced criminal defense attorney can provide guidance during this critical phase, working to secure the most favorable outcome under the circumstances and advocating for the rights of the accused at each step of the process.
The Arraignment Process
Your first appearance in court is for your arraignment. It must be within two days of your arrest and booking. Your attorney can be with you while the judge reads the charges as well as your rights. It is at this point that you enter your plea, and the judge will set your bail or release you on your own recognizance, meaning you promise to return to court when requested.
In Orange County, bail is usually determined by a bail schedule. However, if the crime is serious or you have a prior record, the judge may set the bail higher. Higher bail aims to prevent you from “jumping bail” or failing to appear in court. Fortunately, our firm has been successful in hundreds of bail reduction motions. Our knowledge of how the system works gives our team the ability to present a compelling argument that could result in a bail reduction.
Contact Orange County Arrest Attorney Today
An arrest is a crucial step in the criminal process that puts your case in motion. Therefore, you should immediately seek the assistance of a skilled, proactive attorney. Our Orange County arrest lawyers have the knowledge and experience to represent you by using a solid and effective defense strategy.
The legal representation you choose could make or break your case, and the outcome of a criminal case could affect you and your family’s future. You need an attorney who is dedicated to fighting for your rights and freedom. Please call our experienced attorneys today. During your free consultation, our lawyers could discuss the facts and circumstances of your case, address any questions or concerns you may have, and determine the best way to proceed.