FAQ: What to Expect When You Get Arrested in North Dakota
11th June 2020
If You Get Arrested, You Need to Know What To Do and What Not To Do
Over 30,000 arrests are made annually in the state of North Dakota. Some people are caught breaching the law while others simply find themselves in the wrong place at the wrong time.
In any case, getting arrested is a frightening event. Suspects are likely to feel uncertain about their safety and their futures. It can be comforting to remember that there is a legal process designed to protect the rights of all citizens.
What happens in the first 24 hours after I’m arrested?
When suspects are arrested, they are taken to the police station. From there, they will be booked, processed, fingerprinted, and photographed. A bail amount may be set by a judge. Depending on the severity of the case, the suspect can be sent in front of the judge for a bail hearing.
A suspect could also be arraigned during a bail hearing. During arraignment, the prosecution explains the reasoning behind the arrest and presents the charges that are being filed against the suspect. Based on that presentation and other pertinent details such as criminal history, the judge can decide upon an appropriate bail amount. For extremely serious crimes, suspects may be kept in custody without bail.
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What rights do I have after being arrested?
If you do get arrested, you have a right to remain silent. It’s easy to misspeak in such a tense situation. Remaining silent ensures that you will not make any statements that can be used against you in court. Ask to speak to an attorney. You’re entitled to legal representation.
If you are injured or you require ongoing medical care, necessary medical attention must be made available to you.
If I’m arrested, how can I get legal advice?
A public defender will be assigned to your case if you cannot afford an attorney. These attorneys typically have extremely heavy caseloads. Generally, a private attorney will have the time and resources to attend to your case in more detail. The result of a private attorney is generally a better outcome for you.
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Can the police question me without a lawyer present?
You have no obligation to speak to police while your attorney isn’t present. When the police take you into custody, they are required to read you your Miranda rights.
Miranda rights state that you have a right to remain silent, that anything spoken could potentially be used against you in a court of law, and that you have a right to an attorney. They also state that an attorney will be provided for you if you cannot afford one and that you are free to stop speaking to a police officer at any point during a voluntary conversation.
How long can I be kept in police custody?
Generally, if you are arrested for probable cause, a judge will review the facts within 24 hours and set a bail amount. According to a Supreme Court ruling a person can be held for up to two days without a warrant. That holding period is extended to 72 hours in some jurisdictions. Suspects of domestic violence or other harsh crimes are more likely to be kept in custody for that longer period of time without a warrant.
What happens after I’ve been released?
If you are released on your own recognizance, you are not required to to pay bail. You do have to sign a written agreement to appear in court at a future date. The paperwork indicates when and where to appear for your initial hearing. You can be released into the custody of a family member or friend.
If you are required to post bail, you can pay the bail amount in cash at the police station. Alternatively, you can get a bail bond company to issue a bail bond on your behalf.
A bail bond is a guarantee issued by a bail bond company promising that you will show up to your trial dates. Generally the bail bond company will charge a percentage of the amount of the bond. That fee is usually not refundable. You may also be asked for some form of collateral for the value of the bond, but that must be returned once you’ve fulfilled your obligations.
Released Under Investigation
In some situations, the police may arrest you and take you to the police station for questioning. If you are released under investigation, this means that you are not currently being charged with any crime. You do not have a specific date when you have to return to the police station.
The authorities will generally tell you that they will contact you for further questioning if necessary. In some cases, they may ask you to come to the police station on more than one occasion as new information comes to light.
What happens if I’m charged with a crime?
A criminal charge can cost you your freedom and leave a stain on your record. If you are arrested or even questioned by the police, consulting a lawyer is an important step in protecting your rights and your future.
Contact Sand Law, North Dakota Criminal Defense Lawyers
The criminal defense attorneys at Sand Law are experienced in all areas of criminal law. They have successfully worked to have charges reduced or altogether dismissed in a wide range of cases. If you have been arrested, Sand Law will confidently and aggressively represent you. Contact us online or call us at 701-609-1510.