What Can I Expect In The First 24 Hours After An Arrest?

After you are arrested, you can expect to be transported to the State Police Barracks, the Sherrif’s Office or a local Police Station depending upon which law enforcement agency has made the arrest (in some circumstances law enforcement will release you at the scene and provide you with minimal documentation regarding the charges). If law enforcement views it as a bail case, you will be transported to the Commissioner’s Office for a bail interview and/or held over for a formal bail hearing before the District Court Judge.

What Are The Top Misconceptions People Have About Being Arrested?

The most damaging misconception that people have is that they think they can somehow talk their way out of it. The Fifth Amendment of the U.S Constitution provides for the “right to remain silent;” in many cases, the State would not be able to prove their case if the Defendant had not talked to law enforcement and thereby incriminated themselves. Most people know they have the right to remain silent, but tragically seem to lack the ability to exercise it. Also, the Sixth Amendment to the U.S. Constitution provides for the “right to an Attorney,” as a Defendant, one should clearly and unambiguously, state that “I want an Attorney, now.” If a Defendant is somewhat vague, it does not trigger the Sixth Amendment Right to an Attorney; for example: asking “do I need an Attorney,” or stating “I think I may want an Attorney,” do not work. If you can not remember what to say under stress, just say “Lawyer” to every question law enforcement asks. Generally, law enforcement will not like it when you invoke your tights. They are trained in interrogation strategy, including using the classic good cop, bad cop technique. They may mislead a Defendant by telling them that it is better for them if they talk and/or make admissions, … it is not!

At What Point Can I Demand To Meet With An Attorney.

You can demand an attorney immediately; if you suspect you are a person of interest to law enforcement, you should immediately demand an attorney. Understand that you will not get an Attorney right away, but by making the demand, it preserves a Defendant’s underlying common law rights pursuant to the Sixth Amendment to the U.S. Constitution. The best strategy is to be polite and just respond to every question or statement by saying “I want an attorney.”

Can Someone Consult With An Attorney Before Making A Decision To Take A Chemical Test?

Law enforcement does not have to provide an attorney to a suspect at that point. For example, they do not have to provide a public defender on the phone at 2:30 in the morning on a Saturday, or at any time on any given day. However, if you have an attorney’s phone number, you are within your rights to use your cell phone to make that call. If law enforcement refuses to let you make the call, that may create problems for the state’s case in regards to the subsequent events that transpire.

When I Leave The Jail, What Paperwork Do I Take With Me, If Released On Bail?

At a minimum, you should have charging document that lists your charges. Also, you should have some written documentation indicating the terms of your release. Generally, you will be given advice of rights forms. In the real world, one does not always receive all the documents. As an Attorneys, we will be able to obtain all the documents after we enter our appearance in the case. Always save all the documents you are given and provide them to your Attorney (occasionally, we find alterations to the original documents when we receive copies during discovery that may help the Defense). Once you are released, call an Attorney.

After I am Arrested For A DUI, Do I Have The Ability To Drive?

First, if you have been drinking, are you now sober? There are cases where people get arrested for drunk driving, are released from jail, get back into their vehicle while still intoxicated, and then get arrested again for drunk driving the same night. Let me repeat this question. Second, if you are a Maryland resident, law enforcement will take your physical Maryland license card, and they will give you a temporary license form that is valid for 45 days, on the 46th day the temporary license expires. If you are from out of state, they should not take your out of state license, but again, they will give you a temporary license form that is valid in Maryland for 45 days.

This is important: you have only ten days to make a formal written request for a hearing. If you make the request, and pay the filing fee, your license to drive in Maryland will be extended until the hearing. One should call an attorney immediately to discuss filing a hearing request. Defendants often miss this deadline. After 10 days, but before 30 days, a Defendant can still request a hearing, but one’s temporary license to drive in Maryland will still expire after 45 days.

There is much confusion among the public as to what technically is a driver’s license. At law, a license to drive, in a particular state, is that one has valid permission to drive by law. The physical driver’s license card is prima facia evidence that one has valid permission to drive in that state, and permission to drive in other states under the full faith and credit clause of the U.S. Constitution.

What Are Some Common Mistakes People Make After An Arrest?

First, failing to call and retain an Attorney immediately. This is important because there may be evidence that needs to be preserved quickly. For example, there may be evidence at an alleged crime scene, either physical evidence was missed or pictures need to be taken before something changes. Maybe there were witnesses at the scene that may become harder to locate over time and/or witnesses tend to forget what they saw as time passes.

Second, Defendant’s often misunderstand the terms of their release. If a Defendant breaks the terms of release, they are subject to being arrested again, and it is much harder to qualify for rerelease.

Third, in certain cases, there are very short deadlines. For example: in a felony case, a Defendant has only ten days to request a preliminary hearing (this is critical); or, in a DWUI case, a Defendant has only ten days to request a hearing in regards to their drivers license (this is also critical).

For more information on Aftermath Of An Arrest In Maryland, a free initial consultation is your next best step. Get the information and legal answers you are seeking talk Arnold F. Phillips by calling today.