It can happen to anyone – suddenly you find yourself in trouble with the law and may end up arrested. But what happens if the arrest was not handled properly? Many people think that because their arrest was problematic it will stop the legal process against them. While problems with the arrest can have some effect on the situation, this alone will not negate the arrest. If you have been arrested the first thing to do is contact an experienced criminal attorney. The best thing you can do is get your lawyer involved as soon as possible after your arrest. This will help to increase your chances of a more favorable resolution to your problem.
If you’ve been arrested it’s likely a difficult situation and one you may be unfamiliar with. It is important to cooperate with law enforcement as much as possible. It is essential that you ask to have your attorney present before answering any questions. Remember, anything you say to police may be used later in your case. As soon as possible, make notes about what happened during your arrest. You’ll need to share this information with your attorney. It is best to get an attorney as quickly as possible. However, be sure that the lawyer you choose has experience – an experienced attorney is your greatest asset throughout your case. Once you’ve been arrested the charges will be officially made against you.
Depending on the seriousness of the crime, you may need to be arraigned. An arraignment is the first hearing in front of a judge. This is where you’ll learn the exact charges against you and the judge will set bail. It is extremely helpful to have your lawyer present for this initial hearing. If there were any questionable occurrences during the arrest procedure your attorney will address them at this hearing. In some cases your lawyer will be able to get some of the charges lowered or dropped completely. Additionally, the attorney will work to get you released on no bail or on a low bail. This, of course, depends on the specific crime that is charged and the circumstances. If your family cannot post bail they may need to get help from a bail bondsman. This is a person that focuses on providing short term loans for the specific purpose of bail.
Contrary to popular belief, just because there may have been issues with the arrest doesn’t mean that the charges will be thrown out. In fact, in most cases, this won’t matter. However, in some instances, the way law enforcement obtained some of their evidence could have an effect on the outcome. If evidence was not obtained legally it may not be allowed to be used. If there isn’t enough evidence against you in the case the judge may decide that the charges will be dropped or lowered. This happens less frequently than you may imagine. An experienced attorney knows how to deal with these issues and will work to resolve them and protect your rights. No matter what the charges, if convicted you’ll face penalties that may include fines, jail time, probation, and other punishments. Your lawyer will review every aspect of your case and develop the best possible defense in your situation.
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Contact the Law Offices of Katz & Phillips today to speak with one of our attorneys about your case today by filling out the form below, or call us at 321-332-6864.
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