What you need to know
If you have never been arrested, then you probably don’t think about the scenario much. It helps to be a law-abiding citizen because then you avoid such snags. However, being the law-abiding citizen you know yourself to be, you could always end up in some kind of a jam. An arrest means your personal and professional lives are put on hold until you are done with the law. A seemingly small traffic offence could easily earn you the label of a high-risk driver which in turn means you lose your driving privileges. Besides this, employers tend to shy away from potential employees who have a history with the law. For these and many other reasons, it’s important that you know what to do in such a situation. In this piece, we shall focus on what to do when you get arrested.
Your Miranda rights apply here and you shouldn’t be too forthcoming with information.
The arresting officers are trained to get as much out of you as they can and you should be careful not to fall for it. Police cars usually have audio and video recording devices which take a record of the whole situation. The less you say, the better since anything you say or do can be used against you when you get to court.
Comply and maintain a calm demeanor
One’s conduct during the arrest has been one of the hot topics across the country for some time now. It can be hard to remain calm when the arresting officer has jostled you to the ground and is shouting in your ear while hand cuffing you. The natural reaction against any form of
physical maltreatment is defending yourself, which can turn the whole scenario into a scuffle pretty quickly. However, responding to the officer’s forceful approach with force is likely to get you into more trouble.
Always take note of the people arresting you. What branch of law enforcement are they from? Are they city police, sheriff’s department or highway state patrol? Ensure you keep mental notes of every occurrence and anything that strikes you as unusual. Though everything may seem like a blur especially when the whole thing is a misunderstanding of some sort, try as much
as possible to stay aware of your surroundings and the going-ons.
Call your attorney for your bail hearing
You get a bail hearing before your case begins and the judge can start looking at the evidence
presented against you. At this point, you should already have an attorney by
At the bail hearing, the judge lets you know the cost of your freedom as you wait for your case to commence. There are two main factors to be considered when the court is deciding how much bail you should pay;
1. Whether your presence in the Victoria poses any
danger. The crime you are charged with is usually the focus here. Any
circumstances that may worsen your charges are also considered.
2. An in-depth view of your history including prior
criminal record, physical condition, family ties, financial resources, length
of time you have been living in your area and whether you are a flight risk
among other things.
It all depends on the type of attorney you have by your side when it comes to setting bail. In some cases, the offender is released on their own recognizance (without bail) and expected to keep their word to appear in court on the set date. In other cases, a certain amount is paid as an indemnity before you are released.
Get a lawyer before you need one
Have you been arrested in Victoria before? If not, congratulations. If so, you probably know how the right counsel can turn things around. It is always good to have a good attorney you go to when faced with such difficulties. Reach out to us at Metrowide Legal and learn more about safeguarding your freedom.