Everything you need to know about Getting Arrested
- At The Scene of Arrest:
- 1. Get control of yourself: Everyone at the scene is emotionally charged. If you fight or become disruptive, you can make everything worse and pick up additional charges.
- 2. Don’t give a false name or lie. Your credibility is at stake. Lying to a law enforcement office is a crime and you may be charged with that as a separate offense.
- 3. Don’t fight. You cannot win. The last thing you need at this point is a felony charge of resisting arrest with or without violence, or battery on a law enforcement officer.
- 4. You will be handcuffed for everybody’s protection.
- 5. You may or may not be given your Miranda warning, which is a list of your rights including self incrimination, the right to an attorney, etc. Before questioning you will be apprised of your rights.
- 6. If you feel you have been mistreated, file a complaint when you get to jail, or contact your attorney immediately.
After You Are Arrested
After your arrest you will be taken to jail, where you will be booked. The booking process includes fingerprints, photographs, medical screening, classification assessment, telephone calls, and temporary housing before your First Appearance Court. In some cases, you will be informed as to bail. After posting bail, you will be released.
If You Are Released
If you are released before going to your First Appearance Court, you will be given a copy of your arrest affidavit and be apprised of court appearance information.
If You Are Not Released
If you are not released, you will go to First Appearance Court the day after being booked. Court is held daily. At that time, an attorney from the Public Defender’s Office may be appointed by the Judge to represent you. The Judge will advice you of your charges and may set or adjust your bond. If you are not released by the Judge, you will be returned to Intake housing until permanent housing, canteen orders and visits with family and friends are not permitted. Those privileges are available after relocation to permanent housing. All inmates are offered an Inmate Handbook in English or Spanish.
Arraignment (Pleading Session)
An arraignment may be scheduled after the State’s Attorney’s or Federal government’s decision to file charges. At this hearing, you are advised by the judge of the formal charges filed and you may enter a plea of either guilty or not guilty. Future court dates will be scheduled by the judge, and the Clerk’s Office will send you a notice of hearing for each court date. This is not the time to present your case.
Trial and Case Disposition
If you are charged with a misdemeanor, your case will be tried in County Court; it could result in a maximum sentence of up to one year in the County Jail. If you are charged with a felony, your case will be tried in Circuit Court; it could result in a sentence of a year or more in the State Prison. If you are charged with a felony in Federal Court, it could result in a prison term of one year or more in a Federal Prison.
Bail Bonds
A Bail Agent will post a bond on your behalf. This will assure the court that you will appear in court as directed.
The Premium
This is the fee you pay for a Bail Bond agency to post your bond. The minimum is $100. For bonds over $1,000, the fee is normally 10% of the total set by courts. This fee is not refundable. If you qualify, the agency will work out payments.
Collateral
To insure that you will go to court and protect the full bond, you will be asked to provide collateral: money, cars, homes, boats or other property assessed at a value equal to or greater than the bond. After your case is over, the courts will send your Bail Bond agency a release (about 21 days). At the time the Bail Bonds Agency will release your collateral to you.
Indemnitor
This is the person (or persons) that often puts up collateral and assumes responsibility for your bond. If you do not go to a court, a warrant for your arrest will be issues, and the Indemnitor will be responsible for the full amount of the bond.
The Contract
Read, understand, and ask questions. It is your responsibility to totally understand what you are signing.
Rules
- The following could jeopardize your bond and your freedom:
- 1. Failing to make court dates.
- 2. Failing to call in.
- 3. Leaving the area.
- 4. Getting arrested again.
- 5. Making false statements on your bond application.
- 6. Changing addresses or phone number without notifying your bond agent.