Timberlake Personal Injury

What to Expect If You Are Arrested in Virginia

What to Expect If You Are Arrested in Virginia

Arrest in Virginia

It’s not uncommon for good people to get caught up in unfortunate situations. If you are like most people who get arrested, you’re confused about the process and terrified about how this event is going to impact your future.

What to Expect If You’re Arrested in Virginia

When the Virginia authorities arrest you for a criminal offense, there are a variety of things that can happen, but the most common is that the police will put you in handcuffs, place you in a police vehicle, and take you before a magistrate. That magistrate will listen to the police officer read the charges against you and will then issue a warrant against you. The next step is to take you to a detention center or the sheriff’s office for booking. This is where you’ll be asked a series of routine questions. These include your name, address, occupation, and any medical conditions or medications you take. You’ll then have your booking picture and fingerprints taken. After this, that same magistrate will address bond, either in person or over video. For many criminal charges, the individual will be released quickly and without bond, with an order to appear in court at a specific date and time. If the charge is more serious, there may be a bond set for your release. Whether you are out on bond or not, failing to appear at that assigned court date is going to result in another charge and your re-arrest once the police catch up with you.

Miranda Rights During Your Arrest

If you watched any of those police shows on television or paid attention in school, you know that the police are required to read you your Miranda Rights. These refer to your right to have an attorney and most importantly to your right to avoid self-incrimination. In other words, you don’t have to provide evidence to the police that can harm you or answer their questions if the answers could be used against you. The common misunderstanding about Miranda Rights is that they are in force whenever and wherever you interact with the police. This isn’t the case. The rights do not go into effect until after you are under arrest. This can also be subjective, however. Miranda Rights will apply after the police have placed you in handcuffs and even possibly when you are in a situation in which you feel you aren’t permitted to leave. For Miranda Rights to apply, you have to assert them. This means that, if you decide to begin speaking about your case to the police without an attorney present, it’s assumed that you have “waived” your rights. Instead, the best course is to clearly tell the police, “I don’t wish to speak with you without an attorney present.”

Avoid These Mistakes During an Arrest in Virginia

It might not seem as if there is a right and wrong way to get arrested, but there is. We’ve already thoroughly covered your Miranda Rights. Avoid saying anything about your circumstances without having an attorney present. In other words, don’t try to give your side of the story or explain yourself. It’s also never a good idea to resist arrest or do anything short of cooperating with the police. They are just doing their jobs, and a poor attitude on your end could result in even more charges that you’ll have to dispute. Simply be polite and keep your eyes open for any mistakes that can be exploited for your defense. Finally, it’s never wise to hold back basic information about yourself during the arrest process, such as your name, address, and date of birth. These are simple identifying factors and refusing to give them or lying about them can result in additional charges.

Arrested in Central Virginia?

If you’ve been arrested in the Bedford or Central Virginia area, you need an experienced criminal defense attorney in your corner. At Pack Law Group, our knowledgeable legal team can answer questions about the process for getting released from jail or any other matter related to your case. Whether you are facing charges for DUI/DWI, drug crimes, theft and property crimes, assault, or a serious traffic violation, we are dedicated to protecting your rights and liberty and will be aggressive legal advocates on your behalf. Contact our office today at 540-586-7225 for immediate assistance.