After the police have done their on-scene investigation, they will handcuff an arrestee and place them in the back of their police cruiser. The arrestee will then be driven either to a local police station for further interrogation, or directly to the Prince William County jail to be presented to a magistrate judge. The magistrate judge will hear summary evidence from the arresting officer, and might also confer with the arrestee about what transpired. The magistrate judge will then decide whether the arrestee will be given a bond pending trial, and set the terms and conditions of that bond.
Read below to learn more about Prince William County arrests. If you have been arrested, reach out to an accomplished criminal lawyer.
Miranda rights are the rights that people have stemming from a U.S. Supreme Court case called Miranda v. Arizona that apply whenever someone is placed under arrest. The arrest process is presumed to be serious enough under the Fifth Amendment of the Constitution that people must be informed of their constitutional rights to avoid speaking to police, to have the assistance of a lawyer if they choose to speak with police, and to realize that anything they say to police could be used against them later in court. For more information, consult with a knowledgeable attorney.
Sometimes police are over-cautious and read people their Miranda rights before the person is actually arrested. As such, just because Miranda rights are read does not mean the person is necessarily under arrest. Police are only required to read someone’s Miranda rights to them once legally arrested, but there is no remedy if the police do not follow this procedure unless subsequent incriminating statements by the accused are attempted to be introduced as evidence in court. Consequently, all statements that an accused makes before an arrest, or statements that are not incriminating, can be introduced in court regardless of being Mirandized. Another common misconception is that police will stop talking to someone once their Miranda rights are read or the person stays silent. But police will often continue to talk to arrestees and ask them incriminating questions unless and until an arrestee clearly says that he will be remaining silent, or is requesting the presence of a lawyer. Even if someone has clearly invoked their Miranda rights, an arrestee can always effectively waive those rights by resuming conversation with police before a lawyer arrives or in response to continuous questioning by police.
There are multiple common mistakes to avoid during the arrest process in Prince William County. One is to make incriminating statements to the officer in the hopes that officers will negotiate on the scene with an arrestee in the spirit of cooperation. Officers always appreciate the cooperation, but one does not need to admit any guilt in order to be cooperative.
Another common mistake is to try and threaten officers against making an arrest, whether it is a specific reference to violence or a reference to other members of law enforcement that the arrestee might know through family or friends. Obviously physically resisting an arrest, or attempting to destroy criminal evidence in the presence of officers, is probably the worst mistake one could make.
The last major mistake one can make during the arrest process is to do something that is sudden or unrelated to what officers are discussing with the arrestee or ordering the arrestee to do. There are many innocent actions that police can interpret as a safety threat or resistance during an arrest which will only make the situation worse. As a general rule, it is a good idea to ask the police for permission or to at least give them verbal notice about actions one is about to undertake which are outside of the actions an officer has ordered an arrestee to do or not do.
If someone has already been indicted, police do not need further evidence or communication with the accused in order to arrest them. The police technically do not even need to inform the arrestee of what the indicted offense is, though they often will give at least a summary name of the charge. But police are still required to Mirandize an arrestee, even if the arrest is based on an indictment.
There is no minimum notice that law enforcement must give someone before arresting them on sufficient criminal evidence or charges. There is also no requirement that police give someone the chance to turn themselves in before an arrest is attempted. So sometimes people are not able to surrender themselves even if they would have liked to at a time and place convenient to them.
Surrendering almost always helps a person’s case. It is a useful factor to emphasize when arguing sentencing on the charge if the person is convicted, but more importantly, it is a useful factor to emphasize when asking the court to set a bond for the person while the case is pending.
If you have any questions about Prince William County arrests, contact an accomplished lawyer today.