A Day in the Life of a Suspect
Posted on Feb 27th 2017
Arrested: A Look into the Process & What Follows
It’s not something everyone thinks about, but few people know what occurs right after being arrested. We’ve all seen “perps” carted away on TV, but after you’re placed in a police vehicle, where do they take you and what happens between then trial? Whether guilty or innocent, it is important to know what to expect if you are arrested. Adam Stout, of the law firm Stout Defense, P.A., is a criminal defense lawyer in Gainesville, FL; and in this blog, he explains what can happen after being arrested and what actions you should take.
Arrest & Detention in Florida
Being Arrested for DUI
After being stopped, if law enforcement officers determine there is probable cause to arrest you for driving under the influence due to either failing a sobriety test or refusing to take it, you will most likely be cuffed, placed in a police vehicle and taken to the nearest jail or police station. There, the police will book and cite you for the offense. This will include having your photographs and fingerprints taken. After that, you will be kept in jail until someone pays your bail or you are released on your own recognizance the following day after you sober up. It is important to remember that driving under the influence includes drugs as well, not just alcohol.
Domestic Violence Arrests
If the police are called to investigate a domestic violence case where you are the aggressor, you will be taken out of your home and placed into custody. You will most likely be asked questions by the officers, but you have the right to remain silent until you can speak to a defense attorney. With misdemeanor domestic violence offenses, the law requires the defendant to remain in jail until the first appearance hearing. This means that you will not be able to post bond until after the first hearing with the judge. The first hearing serves to determine the conditions of release based on the charges. If you cannot post bond, you will remain in jail until your case is dismissed, you take a plea, or until trial. Depending upon the outcome of trial, or the terms of a plea, you may be required to spend more time in jail.
Arrested in Gainesville: Your Pre-Court Trial
Appearing In Court for a DUI
After being released, you will have your license revoked/suspended for at least six months, and depending upon the circumstances, up to a year or longer. It is possible to obtain a restricted driving permit after a DUI arrest. However, everyone arrested for a DUI will not qualify for a restricted permit. After your arrest, you will appear before the court for your first appearance. Your bond will then be set, and your case will soon be set for trial. It is crucial to hire an experienced defense attorney before your trial to best protect yourself and build a solid case.
Domestic Violence Court Appearances
After your arrest, you will be brought before the court for your first appearance within 24 hours to 48 hours of said arrest. During this hearing, the State will inform the court of your prior criminal history, and the judge will set your bond. In all domestic violence cases, the judge will sign a court order prohibiting you from contacting the alleged victim. It is very important that you consult with an attorney, if possible, before you are arrested on domestic violence charges. If this is not possible, you should seek qualified legal counsel as soon as possible.
Defense Lawyer in Gainesville, FL
DUI and domestic violence charges are very serious offenses and carry with them heavy penalties such as costly fines, loss of privileges and even jail time. If you have been charged with either, you should immediately seek out an attorney who can represent you to protect your future. Contact Stout Defense, P.A. today for a Gainesville criminal defense lawyer you can rely on.