What Happens After Getting Arrested? Here We Tell You There is always a legal process which is followed before a person is convicted of a crime. Although a police officer may observe an illegal activity and can arrest a person, in most cases, a police officer cannot make an arrest without a valid arrest warrant. The warrant should be valid and must be signed by an unbiased judge and support factually as well as legally for the arrest.
Here, we tell you the complete procedure which is followed after getting arrested.
Adjudication of a criminal charge A defendant is first presented before the jurisdiction after getting detained. It is the first hearing where it is decided by the court whether defendant has right to be released or s/he should post the bail. The amount of the bail depends on several factors like: ďƒź The severity of the crime ďƒź The chances of defendant to flee away ďƒź Prior criminal record of the accused If the defendant is without counsel, an attorney is appointed by the court to represent the defendant.
If any friend, family member or bail bond agent posts the bail for the accused, s/he is released. However, to get the bond amount back, the accused must be present for all his/her trails.
Preliminary examination At second hearing, the judge takes a look of the evidence provided by the prosecution and determines whether a crime has been committed or not? Moreover, is there enough evidence to support the statement that the defendant has committed the crime?
Trial During trial, the defendant holds every right to confront any witnesses against him/her. To prove defendant’s guilt, the prosecution must show sufficient and relevant evidence. While the jury makes determinations of disputed facts, the judge instructs the jury regarding the laws and makes all decisions related to legal issues.
Appeals In criminal cases, the defendant may appeal only what is considered to the errors of law. Usually, bases for appeal include errors concerning the admissibility of evidence or instructions to the jury regarding the law.
Punishment Convicted criminals are given facilities depending upon the nature of their crimes and overall criminal background. If a prisoner serves the sentence in an agreeable manner, s/he becomes eligible for parole. Parole is a condition where a prisoner is released from the jail but is kept under the legal custody. Conclusion – getting detained is an unwanted situation. However, every citizen should be aware of the legal process that is followed after it.