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What Is The Difference Between Being Arrested And Being Detained?


Being arrested typically means that the police believe they have cause to charge you with a crime, and that they have some type of evidence for, or believed that the crime had occurred. Being detained can simply be just that the police want to secure a situation, and get interviews from people that they think something happened, but are not sure why they want to hold someone in temporary custody so they can interview them. Being detained does not always lead to an arrest.

Can The Fact That I Invoked My Miranda Rights Be Used Against Me Later In Court?

No, that is your one right that is always preserved. It cannot be used against you at any point in the proceedings. For example, this actually occurred in one of my recent felony trials, that the officer did not outright say that my client had invoked his Miranda rights during the pre-arrest interview. He started to allude to it, and even at that point, the judge interrupted so that we could discuss exactly what might be said to make sure that the officer was well aware that he was walking a fine line of violating a client’s rights, and if he did it again a mistrial might be declared.

Therefore, that is, above all else, the client has a right not to say anything to incriminate himself, and nobody can allude to that invocation either. Through the course of a felony trial, that cannot be discussed, and the client can always reserve his right not to testify, or to testify, but that is entirely up to the client at that moment, but before that, nobody can discuss that invocation.

At What Point Should I Contact An Attorney?

You need to contact an attorney right away. For example, in your standard DUI cases, we get clients, even before they have obtained counsel. They call an attorney right away, and ask some preliminary questions about whether they should consent to a blood draw, whether they should do any further testing, or give any further statements. Typically, some things have already happened at that point, but even at that point, you have the right to an attorney to discuss anything with an attorney before anything else happens. If the officer gives the impression you need to do an interview right now, and they are not going to wait, you still have the right to an attorney before you say anything to any law enforcement.

Therefore, if you invoke your right, then they need to either stop, or get you in touch with an attorney so you can decide how to proceed at this point. After you have your initial appearance, I mean you have the right to an attorney at initial appearance, but most people do not have one in place at that point. You have a right to private counsel at that point, if you have retained counsel. Alternatively, you may be assigned a court appointed, or public defender in preparation for your hearing.

What Does Someone Leave The Jail With In terms Of Paperwork And Things Like That?

You are most definitely going to have some type of paperwork acknowledging your release conditions, and what. If you are with pre-trial services, you will know whom to contact to set up the monitoring. You will know when your next court date is, and you are going to be aware of where to go and when to show up. If there has been a bond posted, you are typically, whether friends, family, or whoever have arranged it, and if there is a bond company involved, then you are probably going to have a meeting with them to accept the conditions of your release with regards to the bond.

It helps to secure the gamble they made on you, which is to make sure that you keep showing up to court. After you are released, you get your property, and you are free to go. One of the most important things at this point if not the most important thing, is to determine whether you want to re-use an attorney, hire an attorney, and have them oversee your case, because earlier in the process is better for everybody that you are prepared for what will happen next.

For more information on Aggravation Of Assault Charges, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (602) 456-1982 today.

Jared Allen, Esq.

Get your questions answered - call me for your free, 20 min phone consultation (602) 456-1982.

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