What happens when you get arrested?

What happens when you get arrested?

By Shannon Bowen

An arrest is when a police officer holds a person in custody, whether or not the person agrees to be held.

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If you are arrested, remember that you have basic civil rights that protect you from being treated unfairly.

What can you be arrested for?

You can be arrested for three types of crime—a felony, a misdemeanor, or an infraction.

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Felony: This is a serious crime. Some examples of felonies are murder, burglary, or robbery. If a person is convicted, or it is proven that the person committed a felony, that person may be put in prison or in some states, put to death.

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Misdemeanor: This is a less serious crime, like stealing less than $150. If a person is convicted, or it is proven that the person committed this type of crime, he or she may be punished by having to pay a fine or being put in the local jail for a period of time.

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Infraction: This is breaking a local (city or county) law, like speeding or disturbing the peace.

Multiple Choice

Which of these is an example of a misdemeanor?

• Assault

• Speeding

• Stealing

• Murder

Multiple Choice

Which of these is an example of an infraction?

• Speeding

• Breaking and Entering

• Selling Drugs

Multiple Choice

Which of these indicates a more serious crime, like murder?

• Misdemeanor

• Felony

• Infraction

What do the police do when they arrest you?

A police officer who sees you break the law or try to break the law, or has received information that suggests you’ve committed a crime, can arrest you.

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Sometimes the police have an arrest warrant for your arrest; this is a paper signed by a judge that names the person who is suspected of breaking the law and gives police the right to take them into custody.

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If a police officer has a warrant for your arrest, he or she must tell you so. The police officer may break a door or window, if needed, to arrest someone who will not open the door. However, once someone is arrested and under police custody, the police officer may not use any further physical force, such as hitting or beating the suspect.

After you are arrested, you are handcuffed, put in the back of a police car, and taken to the police station where you are booked.

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Someone will take your picture and make copies of your fingerprints. You may ask to talk with a lawyer.

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If a person has not broken the law, he or she still must cooperate if a police officer has a warrant for his or her arrest.

When can you be searched or asked to take an alcohol test?

A police officer who legally arrests you may search you, what you have with you (such as a purse or bag) and your car. The police cannot search your home unless they have a special search warrant.

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If a police officer thinks you have been drinking too much alcohol, he or she may ask you to take a chemical test called a breath test. This test shows how much alcohol is in your body. If you refuse to take the test, the court might take away your driver’s license. If you take the test, the results may be used in court to prove whether you are innocent or guilty of being intoxicated or drunk.

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When you use your right to have a driver’s license and to drive a car, you imply that you agree to be tested for intoxication if an officer thinks it is necessary.

What are your rights after the arrest?

​Remember your Miranda rights!

You have the right to remain silent after you are arrested. This means you do not have to answer questions, sign papers, or take any tests.

You can ask to see a lawyer whenever you want. You only need to tell the officers who you are.

You can sign anything or tell anything you want, but it can be used in court to prove you are guilty.

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If you say out loud that you are guilty, this can be used as evidence that you committed the crime.

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This would be the same as if you had signed a paper saying that you did whatever you were accused of doing.

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It is against the law for a police officer or prosecuting official to use force or threats to make you say that you broke a law.

After you are arrested, you can apply for bail right away.

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Bail is a fee paid to the court as a promise that you will return for your trial.

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You get the bail money back if you come to all your scheduled court appearances.

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The bail is forfeited (given up) if you do not return for your trial.

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The price of bail is decided by the court, police, or sheriff.

If a friend or family member cannot pay the bail for you, you can call a bondsman (police have a list of bondsmen).

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This is a person whose job it is to post bail. The fee a bondsman can charge the person arrested is regulated by state law.

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Generally, the bondsman will charge a fee of about 10% of the bond amount, plus a filing fee (to file bond) of $3 to $10 for putting up bond.

Open Ended

The fee you pay to the court to get out of jail (promising you’ll return for the trial) is called __________.

Open Ended

A ______________ is someone whose job it is to pay the fee to the court to get someone out of jail.

It is good to talk to a lawyer as soon as possible and have a lawyer in court with you when you are scheduled to appear before the judge.

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The court must state the charge against you, or what law you have been accused of breaking.

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The court must also tell you that you have a right to have a lawyer, if you do not have one. You must be given enough time to get a lawyer.

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If necessary, the court must postpone the hearing until you have talked with your lawyer.

Open Ended

The ____________ is what law the person is accused of breaking.

​If you do not know a lawyer to call, an organization of lawyers (called the city or county bar association) can help you find one.

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Having a lawyer is important. If you cannot afford a lawyer, the court will appoint one to help you. You do not have to pay for a court-appointed lawyer.

What happens in court?

If you are arrested for a misdemeanor, you are asked to appear in court. The judge tells you what law you are accused of breaking or what crime you are accused of committing.

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You then must plead, or say whether you are guilty or not guilty. If you plead not guilty, a date is set for your trial. If you plead guilty, a punishment is decided. If you want a group of people (citizens) called a jury to decide if you are guilty, this is the time to say so. If you do not have a jury, your guilt or innocence will be decided by a judge.

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You are considered not guilty unless it is proven that you are guilty. You still have all your rights unless you are proven guilty.​

Open Ended

In court you will ___________, or say whether you are guilty or not guilty.

Open Ended

The _____________ is a group of people who decide the guilt of someone charged, during a court trial.

​If you are arrested for a felony, the court will tell you what the charge is. You may then request a preliminary hearing.

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At the preliminary hearing, the judge decides if there is enough evidence, or proof, to hold a trial. If you do not want this preliminary hearing, the court will ask you to sign a paper saying so.

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If the judge thinks there is enough evidence, he or she will arrange for a trial by jury. If the judge does not think there is enough evidence that you are guilty, he or she dismisses the case, which means that you are free to go.

Open Ended

At the _____________, the judge decides if there is enough evidence, or proof, to hold a trial.

Open Ended

A judge __________________ a case if he does not think there is enough evidence to hold a trial.