Tuesday, November 30, 2010

Criminal defendants in court - under immediate arrest

The police have an appalling way to ring a person in the criminal justice system "are under arrest! You" The shock of these words you realize that you better directions correspond with her or you feel Taser the sting of, the bite of the police dog or the wrath of the night stay. Terror, anger and confusion filled the moment. You are on the way to the prison, the first appearance hearing, the servant interview that the law firm, the trial courtProceedings and the trial. You are now completed in the criminal justice system until the entire process.

* What is a capias or arrest warrant?

An arrest was based on a warrant. But these comprise only a small percentage of the arrest situations. A warrant (capias or) is a document issued by the trial court. There is a demand that the police take into custody immediately, where they find you. Since these were previously issued an injunction on the basisCircumstances that they knew were in the works [such as violations of probation, failure to show, for a court hearing, etc.], they should not be a complete surprise. You could blow a stop sign and stopped. The police run your license and a capias is displayed on the screen. Within minutes you will be arrested.

* Can I justify being arrested without?

Yes. The vast majority of arrests made by police officers acting without a warrant. Suppose you areShopping. You walk out the door with packages in hand. If you stopped the car park, you're a security officer. He looks into your pockets and find the clothes you just bought. He asks: "Where is the receipt?" You can find it. "Come back to the way we can even it out." The seller does not remember you to register it. The police are called in. You now under immediate arrest.

Imagine driving your friends around and stop in a store. They walk inside.You can not see what happened, but they come to an end. They jump in and shouted: "! Go down, Do not Stop" They follow their demands and pull out. A high-speed chase ends with a swarm of police officers are around your car, guns drawn. They shout, "from the car and on the ground." Later you will learn that one of your friends tried to rob the cashier. If it went badly, he shot a man. They are charged with crimes murder. You are panicking and you are under immediateArrest.

* What happens if I try to resist the cops?

Let's address what to do and what not to do when you are in custody. Never try to fight the police. You will incur additional fees. Do not try to run away. They get more fees and rough handling. This is not a fight between you and the police. This is the police do what instructed the government to do it. They are committed, and they will not back down.

Go quietly. This will help you now and later,can help your case. conquered, as in all walks of life, humility, arrogance.

Do not try to dissuade your way. You should only tell the police your name, age, address and other personal background information. If you do not want to announce this ID could get you an additional fee as a resistance against an officer. But that's where you need to stop talking. Say No More!

* How do I get them to stop all the questions?

Do not talk about the facts or circumstancesFrom anyone. Tell the detectives that they refuse to speak until you have a lawyer. This is a key concept in the law. In the 5th Amendment to the U.S. Constitution, you have to mention both the right and the right to a lawyer. If you claim the right to remain silent, saying, "I will not say anything," the police can keep trying to talk to you. If you start talking about anything at all, the trial court rule that you waived your right to silence. Only you can give yourRight, so do not talk.

When you say over and over again, "I want to talk to a lawyer," the law says the police must cease immediately ask you to your lawyer present. If your lawyer arrives, he tells the police that you will not be giving any statements.

* If the circumstances of the arrest case, the judge?

The police will confirm in any case in court about the arrest. They will tell the jury what you said what you did. Keep theseThings to consider:


Police cars are equipped to take videos. Some can tape conversations. There are also video cameras in police stations and prisons. These can be provided as evidence in your court and in court.

CAUTION: The prosecution use of audio and video recorded conversations prison visit in the test phase. There is no right to privacy while in custody. Only talk about your case with your attorney.
The police could conduct a "show-up identification." This is when the victim isbrought to see the scene of the arrest, whether they can identify you. Be calm and collected. Do what the police do charge you.
If your friends are arrested with you, not to talk to them about the case. Not to communicate with them at all. This could have a serious impact on your case.

The frightening experience, was arrested coming to an end. From the initial police stop through the booking process, this could be the worst day of your life. The most important thing toKeep in your mind is not talk to anyone except your attorney about the facts of your case.

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