August 11, 2022 | Criminal Defense
Being arrested does not mean you are guilty of the criminal charges. However, what you do after being arrested in Cincinnati could help or hurt your defense.
Understanding what happens after an arrest is the first step in protecting your rights. Read this blog post to learn more.
What Happens After I Am Arrested in Cincinnati?
The process begins with an arrest. The police officers might have an arrest warrant signed by a judge. Law enforcement officers can also arrest you if they have probable cause to believe you committed a crime.
The officer generally reads you the Miranda warning. However, the police officers might not read you your Miranda rights. They are only required to read you your rights if you are in custody AND they intend to interrogate you.
You are processed through booking after your arrest and placed in detention. You may receive bail, but a judge is not required to grant bail. If the judge denies bail or you cannot make bail, you remain in court until your trial.
At your arraignment, the judge informs you of the criminal charges against you. The judge also explains certain rights you hold. The judge then asks you how you plead.
You can plead not guilty, guilty, or no contest. No contest or nolo contendere means that you are not contesting the criminal charges, but you do not admit you committed the crime.
A guilty plea or a plea of no contest could result in an immediate sentence from the judge. However, the judge could set a sentencing hearing at a later date.
The prosecutor must convince the judge that there is probable cause. The prosecution does not need to prove you are guilty beyond a reasonable doubt. Instead, the prosecutor only needs to submit sufficient evidence to convince the judge there is reason to believe the criminal charge can be proven.
There could be one or more pre-trial motion hearings in your case. For example, your criminal defense lawyer might file a motion to dismiss charges or a motion to suppress evidence. The prosecution could file a motion requesting specific testimony be deemed admissible in court.
Trial & Appeal
If you do not accept a plea bargain and the charges against you are not dismissed, your case goes to trial. After both sides present their evidence, a jury or judge decides whether you are guilty or innocent. If you are judged guilty, you are sentenced.
You can appeal the decision if you lose the criminal case. However, there must be grounds to file an appeal.
What Do You Need to Know if You Are Arrested?
There are a few things that you should know if you are arrested in Cincinnati. First and foremost, you need a criminal defense lawyer even if you are innocent. Other things you should know include:
Police Officers Lie to Suspects
Before and after your arrest, police officers are permitted to lie to you. For instance, the arresting officer might tell you they can help you avoid jail if you tell him what happened. Do not be fooled – the police officer has no authority regarding your sentencing.
Law enforcement officers might use suspects against each other. They might tell you that the other person confessed and named you as the perpetrator. Again, do not believe what the police tell you.
Remain Silent Except for Asking for a Criminal Defense Lawyer
You have the right to remain silent. The best way to help yourself is to exercise this right. Stop talking to the police, except to state you are invoking the right to remain silent.
You also have the right to legal counsel. If you cannot afford a criminal defense lawyer, ask the court to appoint a public defender. Do not answer questions or make a statement without legal advice from a criminal lawyer.
Never Consent to a Search
You are not required to consent to a search of your home, car, or person. Refusing to consent to a search does not mean you are guilty, regardless of what a police officer might tell you. Instead, exercising your rights shows that you are serious about your defense.
Always Be Honest With Your Defense Lawyer
Tell your lawyer everything about your case. The attorney-client privilege protects your discussions with your lawyer. If you withhold information from your attorney, he cannot provide the best defense possible to the criminal charges.
Do Not Discuss Your Case With Anyone Other Than Your Lawyer
Do not discuss your case with your family or friends. They could be called to testify as a witness. Furthermore, the jail records all telephone calls and visits with inmates.
Also, do not discuss your case online. Do not post anything on social media. Instead, keep a low profile and stay out of trouble.
Ask Your Lawyer About Alternatives To Jail
If going to trial is not the best way to handle your criminal case, ask your lawyer about alternative sentencing. Your lawyer might be able to work out a plea deal that avoids jail time.
Having experienced legal representation is crucial when you face criminal charges. The police officers and the prosecutor believe you are guilty. Therefore, you need an aggressive legal advocate to fight for you.
Contact the Cincinnati Criminal Defense Attorneys at Suhre & Associates, LLC For Help Today
Suhre & Associates, LLC – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202