When a person is arrested it is the act of depriving them of their liberty, usually in relation to an investigation or prevention of a crime, and thus detaining the arrested person in a procedure as part of the criminal justice system. Ajua Bail Bonds spotlights the arrest process below.
Police and Other Bodies Have the Power to Arrest
When there is probable cause to believe that a person has committed a minor crime, such as petty theft, driving on a suspended license, or disturbing the peace, law enforcement agents typically issue the individual a citation but won’t arrest them. The person must appear in court on the date given on the citation. When a person is arrested for a serious crime, the accused is entitled to be released upon reasonable bail. The accused is advised of the bail amount, which is based on a bail schedule that is established by judges in each county. When law enforcement has probable cause to arrest a person for a serious crime, the person will typically be handcuffed. The person will then have a mug shot taken, be fingerprinted and remain in a police station or jail pending their ability to post bail. If the person cannot post bail, they will appear before a judge at their arraignment where the judge will determine if the bail set should be raised, lowered, or remain the same as the initial amount.
What is the Purpose of a Miranda Warning?
The Miranda warning, which is also referred to as the Miranda rights, is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in proceedings. The Miranda warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect individuals who are in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination.
Components of Miranda Warning
Each U.S. jurisdiction has its own regulations regarding what, exactly, needs to be said to a person that is arrested or placed in a custody situation. the typical warning states:
-you have the right to remain silent and refuse to answer questions
-anything you say can and will be used against you in a court of law
-you have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future
-if you can’t afford an attorney, one will be appointed to you before any questioning if you wish
-if you desire to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
-knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
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The courts have ruled that the warning must be “meaningful”, so it is usually required that the suspect be asked if he/she understands their rights and sometimes a firm “yes” is required. If you or a loved one has been arrested and need to get bailed out, give Ajua Bail Bonds a call!
