Criminal Defense - Martin & Oliveira, LLP

What does it mean if I am arrested? If a person is arrested then they have been or are about to be accused of crime. Often, the police will seek a Complaint from a court after they have arrested someone for a crime witnessed by the police. A common example is a police officer stopping a car that he or she sees being driven erratically. If the driver appears under the influence, the officer will likely arrest the driver. The police will usually release the person after processing (booking) at the police station and give the person a slip with a date and time to appear at court. The police will also file documents with the court to have the court issue a Complaint. The Complaint is a formal accusation of a crime. A copy of the Complaint, and other related documents, is given to the accused person, referred to as a defendant, the first time they come to court. This first appearance before the court is called arraignment.

Sometimes the accusation is issued by a grand jury. When an accusation is issued by a grand jury it is called an Indictment instead of a Complaint. This method is common for more serious crimes. If the District Attorney believes the defendant accused in the Indictment might refuse to come to court or might try to run away, the District Attorney will ask the court to issue an arrest warrant along with the Indictment. The police will then arrest the person named in the arrest warrant and bring that person to court for arraignment on the Indictment.

If I am arrested, do I stay in jail until the case is over? It depends. If a person has failed to go to court when they were supposed to or they have tried to run away from the police at the time of arrest, they might end up in jail awaiting trial. The more serious the crime charged and more often someone has failed to go to court when they were supposed to the more likely they will be held in lieu of bail.

What is bail? In most cases bail your promise to go to court when you are told to go. That is called personal recognizance. If the judge feels that there is a risk that the defendant might not show up when told, the judge will make the defendant give money to the court that the court will keep if the defendant does not show up. That money is the defendantąs bail. If the defendant shows up every time he or she is supposed to they get the bail back at the end of the case.

What does it mean if I receive a summons? A person can receive a summons in a criminal case for three reasons. First, if you witness a crime you might receive a summons to testify either before the grand jury or at a trial. Second, if the authorities (the police and/or the District Attorney) believe you have committed a crime and they believe that you will come to court when told they will have a summons served on you instead of arresting you. Third, if a private person decides to accuse you of a crime or the court is not sure if the authorities have enough evidence to show a crime happened, the court can send you a summons to have you come to a show cause hearing.

What is a show cause hearing? A show cause hearing is an informal hearing usually before a clerk-magistrate. At that hearing the clerk-magistrate hears from the police or from a private person that is accusing someone of a crime. If the clerk-magistrate believes that a crime has been committed and that the person accused by the police or the private person did it, then the clerk-magistrate will issue a Complaint against the accused person. Although the accused person does not have to show up for a show cause hearing, it is always better to go. Not going usually makes it more likely that a Complaint will be issued along with an arrest warrant. If the accused goes to the show cause hearing, an arrest warrant is unlikely, even if the clerk-magistrate issues a Complaint.

Should I say anything to the police if I am arrested or at the show cause hearing? Only if you have spoken to a lawyer first. Everyone accused of a crime has the right to remain silent and the right to consult with a lawyer before answering any questions about the crime. You should identify yourself (name and address), listen to whatever the police have to say, including when they tell you about your rights, and refuse to answer any questions until you have spoken to a lawyer. Even if you cannot afford a lawyer on your own, the state will provide one for you. Sometimes the police will say that things will go easier if you cooperate or they will try to pressure or trick you into answering their questions. Do not answer any questions beyond name, address and other identifying information until you have talked to a lawyer.

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