Getting arrested may be one of the most nerve-wracking things you have to experience, especially if you have never been arrested before. You may have seen enough on television to be concerned, and you likely have questions about what will happen next. The important thing to remember is that you need to stay calm and cooperate with law enforcement officials. Keep in mind that the officer has weapons if they feel like they need to have more control of the situation. Challenging an officer will likely only make things worse. So, stay calm and silent until you have had the opportunity to speak with your attorney.
Even if you feel that you are being wrongfully arrested or that you were being treated unfairly during the arrest, stay calm. You will have the opportunity later on to express your concern. Knowing what to expect during the process is important. Here is what you can expect during your arrest and after:
- The Arrest – In most situations, officials will need an arrest warrant. Some situations do not require a warrant, and these are times when an officer has a probable cause to believe that a crime has taken place, or they witnessed the crime happening. This is also when you will be read your Miranda rights. This gives you the right to remain silent. Consider exercising that right.
- The Booking – After you are arrested, you will be taken to jail for processing. This will include having your mugshot and fingerprints taken. Your belongings and clothing will be put into a safe place or into evidence and you will be given different clothing and shoes to wear. At some point, you will be allowed to make one phone call.
- Bond Hearing – Within 48 hours of being arrested, you will bet a bond hearing, or bail hearing. Certain criminal charges are not eligible for bail, and some require a circuit court judge to set the bail. At the hearing, the judge will listen to your case and determine if you get released from jail while awaiting trial.
- Discover and Court Appearance – This is where your defense attorney will review the evidence against you and make a plan for your defense. At some point, you will have your first court appearance (not counting your bond hearing). If you don’t yet have an attorney, you must attend this appearance, or you will be arrested for failure to appear. Additional court appearances may be required before your final disposition.
- Final Disposition – This can happen at any time during the criminal process but is most likely to occur after the second court appearance. Your case will be disposed of by either a diversion program or pretrial intervention, dismissal, or a guilty plea.
You’re Not Alone in South Carolina
When you are arrested, and throughout the criminal process, it can be frightening and confusing. That’s why you need an experienced criminal defense attorney on your side. The attorneys at David Aylor Law Offices can help you ensure that your rights are protected throughout the entire process. Contact our office today to schedule a consultation.
David Aylor is a Criminal Defense Attorney who practices in Charleston, Walterboro, and Myrtle Beach, SC. He graduated from the University of South Carolina School of Law, and has been practicing law for 11 years. David Aylor believes in defending the accused. Learn more about his experience by clicking here.