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What Happens If You Are Arrested And Why You Need A Criminal Defense Lawyer

On Behalf of | Feb 5, 2022 | News

While liberty and freedom are two of the most important rights we enjoy in America, being arrested can put these freedoms at risk. If you have been arrested, it is important to hire an experienced criminal defense attorney early on to help you avoid any missteps that can adversely affect your case.

Having a criminal defense lawyer on your side is vital due to the many complexities of criminal law. From drunk driving charges such as OWI, DWI and DUI, driving offenses, probation, record sealing, violent crimes, drug crimes, financial crimes, property crimes, warrants and bail, it takes may years of education and putting that education to practice to fully understand the criminal law process and proceedings.

Emotions are often high during and after an arrest. In order for your case to have the best possible outcome it is very important that you remain calm, comply with law enforcement and do NOT resist the arrest. Trying to explain your way out of an arrest may lead to more issues so it is best not to give any type of statement without an attorney present. It is also important to note that most police officers are outfitted with body cameras and everything you do or say will be captured and recorded on both audio and video.

After an arrest there are protections available to you and several processes that will take place. It is important that you are aware of your available protections so you may utilize them when appropriate and to ensure that you and your case are being treated fairly and accordingly as well as being aware of what the arrest process entails.

8 Things That Happen After Being Arrested:

  1. You Can Be Read Your Miranda Rights — The Right To Remain SilentUnder this protection, you do not have to give any statements to the police other that basic information such as your name, date of birth and home address. If you have been arrested and law enforcement intends to question you, they must inform you of your Miranda Rights as outlined below and you must state aloud that you are exercising your Miranda Rights:

You Have the Right to Remain Silent. Note that silence cannot be used against defendants in court. All suspects have the right to remain silent.

Anything You Say can Be Used Against You in a Court of Law.

You Have the Right to Have an Attorney Present.

If You Cannot Afford an Attorney, One Will Be Appointed to You.

  1. You Will Be Booked: The booking process involves being taken to the police station or jail by the arresting officer. The booking process involves recording your personal information, such as your name, date of birth and home address and taking your photo (otherwise known as a mug shot) and fingerprints. Being “booked” is one of the first things that will take place after your arrest.
  1. The Right To Make A Phone Call: This protection allows you to make a local phone call to anyone you choose. During this call, you should provide the other person with information about where you are being held and the charges you are facing. This information is necessary for getting you out of jail on bail. These phone calls are listened to and recorded by law enforcement so you should not go into details or make any statements as this can be used against you in court.
  1. The Right To An Attorney: As part of your Miranda Rights, you have the right to have a lawyer represent you. A criminal defense lawyer can provide advice and counsel beginning with the interrogation process and throughout the duration of your case.
  1. Arraignment: An arraignment will be scheduled within 24 hours of your arrest. During the arraignment, the judge will inform you of your rights and the charges against you and will make sure you understand them. The judge may also set bail during the arraignment.
  1. Your Plea: During the plea you plead either guilty or not guilty to the charges against you. During this phase you may be offered a plea bargain, which generally requires you to plead guilty in exchange for a reduction in charges and/or sentence.
  1. Trial: If you plead not guilty and do not opt for a plea bargain, your case will be sent to trail. The trial is where your defense attorney, who is on your side and the prosecutor, whose job it is to prove your guilt will both present opposing evidence and witnesses in support of their arguments to prove your guilt or innocence.
  1. Sentencing: If you are found guilty by the judge or jury, you will be sentenced to prison with the duration of your imprisonment, fines and sanctions read to you by the judge at the conclusion of your trial.

Why You Need A Criminal Defense Lawyer If You Have Been Arrested

As you can see, being arrested triggers a difficult and complex process. Only a criminal defense lawyer will have the necessary knowledge and experience to help you navigate your case through criminal law proceedings. In addition, a criminal defense lawyer is familiar with all of the rules and processes of criminal court. They are trained and well versed in presenting compelling arguments on your behalf and can file the necessary motions to help win your case, such as motions to suppress certain evidence if they determine it was illegally obtained, and motions to enter evidence that is favorable to your case.

The criminal defense process is often regarded as daunting, overwhelming and scary, with one’s liberties literally hanging in the balance. A criminal defense attorney can make the entire process less scary and prevent overwhelm. Their vast experience allows them to outline and discuss all of your legal options and determine which is the best course in which to focus your case. Going it alone without a criminal defense lawyer could jeopardize your chances of a favorable outcome as most individuals do not understand or know the rules and processes of criminal court and the options available. Not to mention, without an attorney by your side, a courtroom can be extremely intimidating, and it can feel that the case is stacked against you with prosecutors and law enforcement trying to prove your guilt. An attorney will work tirelessly to stand up for you, build your defense and protect your best interests. They will also do all of the necessary legwork, such as interviewing witnesses, gathering evidence, reviewing and dissecting the prosecution’s case, hiring experts, etc.

There is a lot for one to lose if you are arrested for a criminal offense. Having a competent and experienced attorney to help you maintain your liberties is essential. Consider the following punishments under Florida Law:

  1. Under Florida law, certain criminal offenses can result in a minimum mandatory prison sentence.
  2. A conviction under any of the enumerated drug laws in Florida would result in a two year suspension of your driver’s license, even if you were not driving when arrested or detained?
  3. A criminal conviction in certain cases can also result in you losing your financial aid status if you are a student in college.
  4. In certain cases, a conviction can exclude you from living in certain areas (disqualifying you from section 8 housing or from certain apartment complex’s that require criminal background checks.
  5. A felony conviction would exclude you from obtaining numerous jobs.

Don’t risk your freedom! If you are arrested, Ivanor Law will be by your side and help you through every stage of your case from your arrest to sentencing.

Schedule a free consultation with us today at: or call us at 407-255-2065.