Being arrested can be a terrifying and disconcerting experience. Having no idea what will happen next, you may find yourself intimidated by the process. However, understanding the arrest process can help you make informed decisions, giving you the best chance of a positive case outcome.
At Beasley Tomlinson Law Firm, our criminal defense attorneys work tirelessly for our clients, assisting them each step of the way, from the initial arrest through trial and appeal. Understanding what happens immediately after an arrest and what measures you can take to protect your rights is essential.
The Arrest Process in Greenville, SC
Following an arrest, if the police officer plans to take the suspect into custody (which usually happens), the officer will read the individual their Miranda rights. Miranda rights are constitutional rights that a law enforcement officer must inform a suspect of if they are taking them into a custodial interrogation. Custodial interrogation involves detaining someone for questioning (usually at the police station), in which they are not free to leave. The Miranda warning has three key points:
- You have the right to remain silent
- Anything you say can lead to self-incrimination
- You have the right to an attorney or a court-appointed attorney (if you cannot afford to pay out of your pocket)
If a police officer fails to read you your Miranda rights, any confession or testimony you give cannot be used at trial.
Booking Process
Within 24 hours of your arrest, you will be taken to the police station for booking. Generally, the booking process entails the following:
- Recording your legal name and the crime for which you are being arrested
- Having your mug shot taken
- Taking fingerprints
- Full body search
- Surrendering your clothing and personal belongings until you are released or to be held as evidence if applicable to the case
- Checking for outstanding warrants in your name
Once the booking is completed, you may be placed in a holding cell until your bond hearing.
Bond Hearing
Unless you are charged with a capital offense or an offense that involves the potential for life in prison, you should have the chance to post bail. Under S.C. Code §22-5-510, a bond hearing must be held within 24 hours of your arrest in South Carolina (except weekends or holidays). During a bond hearing, the judge will listen to the facts of your case and decide if you should be released from jail, as well as the financial price tag appropriate for your release. If you cannot post the money, a bail bondsman can post the bail on your behalf. If bail is granted, the individual must be released within four hours.
Bail or bond is a promise you make to the court that you will attend all scheduled hearings. If you have no prior criminal history or are considered a low flight risk, you may be released without having to post bail on the promise that you will return to court as scheduled. Known as being released on personal recognizance, this pretrial release requires that the defendant follow certain conditions to remain in good standing with the court.
Safeguarding Your Civil Liberties and Beyond
Knowing the arrest process empowers you to protect your rights. Generally, saying as little as possible during the arrest will work in your favor. Before providing testimony, be sure to request that your attorney be present. Be aware of whether you were read your Miranda rights, since a failure to make a suspect aware of their constitutional rights could significantly impact the prosecution’s case.
While we recommend calling a Greenville criminal defense lawyer immediately after your arrest, we will help you at any point. Our legal team will even assist you in navigating the bail process, allowing you to be released from jail as soon as possible. Contacting legal representation early on is essential to defending your rights.
Speak with Our Greenville Criminal Defense Attorneys Today
Being arrested can make anyone fearful of what lies ahead. At Beasley Tomlinson Law Firm, we are dedicated to helping individuals traverse the legal landscape, allowing you to feel in control of your circumstances. If you want to learn more about our services, do not hesitate to contact our Greenville criminal defense lawyers today to schedule a consultation. Our Greenville office can be reached online or by phone at (864) 514-8129.