What Happens Within The Next 24 Hours After An Arrest?

In almost any situation, after an arrest, there are two options. You can be issued a citation with a court date, and released without actually going to jail. That is going to happen for many traffic offenses. Including low-level offenses, like disorderly conduct, or other offenses for which they can issue you a citation. The other option is more serious. If the person is less cooperative with police, even on a less serious offense, then the officer can take them into custody, and put them in jail.

What Rights Do I Have Immediately After I Am Arrested?

As always, the first right that they have, is the right to remain silent, and not answer any of the officer’s questions. Do not make any statements about something that may incriminate yourself, and that of course, is a right that most people do not exercise. That is why they get into even more trouble after an arrest. You also have the right to appear in front of a judge for an initial hearing where release conditions are going to be discussed, and any bond that may be imposed is going to be discussed at that point. A very preliminary reading of the facts will be available to the judge, or the prosecution, and the defense at that point, its only purpose is to serve, and determine how release conditions are imposed. The future court date will be set in the case as well.

Will I Be Arraigned When I Am Released From Jail?

You will not always be arraigned after a release from jail. Your initial appearance is the first hearing that you have before being released, or bonded out. There are situations where the individual will not be bonded out based on the seriousness of the crime, and in that case, you could still be in jail when arraigned. Typically, your arraignment comes well after that initial period, and depending on what type of a charge, is it a felony or misdemeanor, and how different courts handle these felonies. They used to have other hearings prior to an arraignment in the case of a felony. The county attorney’s offices, or the superior courts in Maricopa County, use a process where they have an early disposition court. This is where they try to resolve cases with their best plea offers and in quick fashion prior to an arraignment.

If an individual wants to resolve their case that way, they are essentially waiving their right to a probable cause; they sign an agreement, which states that they have enough evidence to convict them of a particular charge, complete it out, and resolve it prior to an arraignment. If it were not resolved that way, then there would be an arraignment set in those cases. Most cases, especially in DUI misdemeanor cases, you are immediately set for what is considered an arraignment upon your release, or initial citation for the charges.

Why Do Some People Have To Post Bond To Get Out Of Jail And Others Don’t?

Many factors go into a determination as to whether a bond should be imposed, or what type of release conditions should be imposed. Your standard release conditions are what we call released on your own recognizance. This is where a judge feels you are not a threat to the community, and you are not a flight risk. The severity of the crime does not warrant further monitoring from the court while their case is pending. The next level is a monitoring by the pre-trial service agencies. It is almost like being on probation while you are awaiting a resolution with your case, and pre-trial services can order you to take an alcohol test if you are offensive, or something to that nature.

They have electronic monitoring systems to use while you are released, which requires you to be monitored wherever you go. On some type of detentions, while you are waiting for trial, or your case resolution, bonds are imposed. They consider all types of factors, such as the severity of the crime, the danger you may present to the community, whether you have the means to flee, and leave the jurisdiction, all those factors are considered in determining a bond. In most cases, the severity of the crime will determine the expense of the bond. However, in Arizona, there are occasions that are non-bondable. For example, the most common one is if you are on probation for a felony offense, and accused of committing a new felony offense, then you are non-bondable, because of the new offense.

It means that you are not getting out, even though you may have a bondable offense. Other common areas we see are capital crimes, homicides, and these bonds can be very high, or they can be held non-bondable by a judge, and especially in some of the more serious offenses, like sex crimes, they can impose a very high bond, or make the individual non-bondable.

For more information on Aftermath Of An Arrest In Arizona, 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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