VII) When is an arrest warrant used?
Usually, a warrant is required before you can be taken into custody from within your home. But you can be arrested at home without a warrant if fast action is needed to prevent you from escaping, destroying evidence, endangering someone's life or seriously damaging property.
An arrest warrant must be signed by a magistrate or judge, who must have good reason to believe that you committed a crime. Once an arrest is issued, any law enforcement officer in the state can arrest you-even if the officer does not have a copy of the warrant. Generally there is no time limit on using a warrant to make an arrest.
Before entering your home, a law enforcement officer must knock, identify himself or herself and tell you that you're going to be arrested. If you refuse to open the door-or if there's another good reason- the office can break in through a door or window. If the police have an arrest warrant, you should be allowed to see it. If they don't have the warrant with them, you should be allowed to see it as soon as is practical.
The police may search the area within you reach. if you are arrested outdoors, they may not search your home or car. Resisting an arrest or detention is a crime. If you resist arrest, you can be charged with a misdemeanor or felony in addition to the crime for which your are being arrested. if you resist, an officer can use force to overcome your resistance or prevent your escape. The officer can even use deadly force if it appear you will use force to cause great bodily injury.
VIII) When can I be released?
If during the questioning and before a charge is filed, the police are convinced that you have not committed a crime, they will give you a written release. Your arrest then will be considered a detention and not be recorded as an arrest.
IX) What is bail and how is it set?
The amount of bail-money or other security deposited with the court to insure that you will appear-is set by a schedule in each county. For some traffic citations, you may be notified that you can forfeit or give up bail instead of appearing in court. However, if have any doubt, go to court so a new warrant is not issued for your arrest for failing to appear. Bail forfeiture does not apply to misdemeanors or felonies, and you must appear in court. If you fail to appear, your bail will be lost and a new warrant will be issued for your arrest. For traffic citations, a "bail forfeiture" works as a conviction for the traffic violation. Officers at the jail may be able accept bail. if you cannot post or put up bail, you will be kept in custody.
Depending on where you are arrested, you may have the opportunity to request a bail reduction through a bail commissioner. When you are taken into court for bail setting or release, the judge will consider the seriousness of the offense with which you are charged, any prior failures to appear (even for traffic tickets), any previous criminal record and your connections to the community, as well as the probability that you'll appear in court.
Generally, the amount of bail is set according to a written schedule based on your charges. Instead of paying bail, you might be released on your won recognizance or "O.R." (or "supervised O.R."). This means that you do not have to pay bail because the judge believes that you will show up for your court appearances without bail.
X) Who maintains arrest records and what do they include?
Local police departments and the state Department of Justice keep arrest records. According to law, they cannot show such records to anyone except law enforcement officers, and may only show records of your convictions to certain licensing agencies which have a right by state law to investigate your criminal background.
The arrest record included when and why you were arrested, whether the charges against you were dropped or whether you were convicted of the charges and the subsequent sentence imposed. Both pleading guilty and being found guilty after a trial count as convictions.
if you are convicted of a crime, are placed on probation and successfully complete the probation, you may be able to have the conviction set aside and the case dismissed. This may be helpful for employment background checks after the probation is completed. If you are convicted of certain felonies and you successfully complete probation, you may ask that the felony be reduced to a misdemeanor. You must contact the probation officer, or an attorney, to help clean up your record.
XI) What happens at an arraignment?
You have a right to be arraigned without unnecessary delay-usually within two court days-after being arrested. At the arraignment, you will appear before a judge who will tell you officially of the charges against you. An attorney may be appointed for you if you can't afford one, and the bail can be raised or lowered depending on the circumstances of the case. you also can ask to be released O.R., even if bail was preciously set.
If you are charged with a misdemeanor, you can plead guilty or not guilty at the arraignment. Or, if the court approves, you can plead "nolo contendere," meaning that you will not contest the charges. Legally, this is the same as a guilty plea, but it cannot be used against you in a non-criminal case unless the charge can be punished as a felony.
Before pleading guilty to some first-time offenses, such as drug use or possession in small amounts for personal use, you may want to find out if your county has any drug diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to get counseling, which can result in dismissal of the charges if you complete the counseling. if misdemeanor charges are not dropped, a trial will be held. If you are charged with a felony, however, and the charges are not dropped, the next step is a preliminary hearing.
XII) What happens at a preliminary hearing?
During the preliminary hearing, usually within 10 court days of the arraignment, the district attorney's office must present evidence showing a reasonable suspicion that a felony was committed and that you did it. The judge must be convinced that there is sufficient evidence to bring you to trial.
You may have a second arraignment. If the felony charges are not dropped at the preliminary hearing, you will be arraigned is superior court where your trial later will be held. If you are charged with a crime and are unable to understand English, you have a right to an interpreted throughout the proceedings.
XIII) When Can an Officer Conduct a Search?
An officer always can make a search with either your consent or a search warrant. You have a right, however, to see the warrant before the search begins.
When can an officer search you, your home or your car without a warrant?
Body searches. If you are arrested, an officer can search you, without a warrant, for weapons, evidence or illegal or stolen goods. Strip searches should not be conducted for offenses that do not involve weapons, drugs, or violence unless police reasonable suspect you are concealing a weapon or illegal goods and the have authorization form the supervising officer on duty. If you are booked and jailed, you may undergo a full body search, including body cavities.
Home Searches. In emergencies, such as when an officer may be trying to prevent someone from destroying evidence, you home can be searched without your consent and without a warrant. If you are taken into custody in your home, an officer without a warrant can search only the limited area in which you are arrested. Other rooms-and even other parts of the same room-are off limits, unless the officer believes that other suspects are hiding in other rooms. While searching your home, an officer can seize evidence of any crime, such as stolen property or drugs, which is in plain sight.
Car searches. Your can an trunk cab be searched without your consent or a warrant if an officer has good reasons to believe it contains illegal or stolen goods or evidence. If the police stop our can for any reason-such as a broken taillight-they can take any illegal goods in plain sight.
If you, your home or your car is searched illegally, a judge might say that any evidence found during the search cannot be used against you in court. If you or your lawyer, however, do not object to the evidence before trial, the court might allows the evidence to be used. Even if the judge does decide that the evidence cannot be used against you, that does not always mean that your case will be dismissed.
