How to Handle an Arrest

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Getting arrested is a confusing, stressful and frightening time for anyone, and it is understandable that the person being arrested may not know what to do, who to call or where to turn for help. However, there are several “do’s and don’ts” to follow should someone be arrested for a crime.

DO NOT run away.

One of the most important things to remember when police come to serve an arrest warrant, or inform you that you are being arrested for a crime, is to go with them willingly. Running from the police or resisting arrest will only lead to additional charges, and could actually harm your case.

DO use your right to remain silent.

The United States Constitution gives you the right to remain silent even after you are arrested. You do not have to talk to the police, other than to provide them with your name and basic information. You do not have to give statements or answer questions. You do not need speak to anyone in law enforcement about your case until you have consulted an attorney.

DO NOT try to influence the police.

Never make statements such as “do you know who I am?” or mention people you know who may be friends with the police chief, mayor or politician. In many cases, name dropping or using your status to avoid arrest can work against you, so it is best not to try to influence the police with the names of people you know or by using your position in the community.

DO NOT make demands.

Although you are entitled to make a phone call, some jurisdictions must complete paperwork before they can allow you to make that call. Demanding things from the police will only serve to make your situation worse. In addition, by being polite and respectful, you may find the police will allow you more than one call.

DO make the call worthwhile.

When making the phone call, be sure it is someone who can help you with your situation. One suggestion is to call someone who is able to post bail for you. In some cases, this may not be your spouse, and since you may only be allowed to make one call, be sure it is to someone who can provide the assistance you need.

DO contact a bail bondsman.

Once you have been arrested, you will either be released on your own recognizance, which means there is no bail to be paid, or you will have a bail hearing, at which an amount will be set that you must post to get out of jail. Bail can be significant, and very few people have that kind of money at hand. In those situations, many people use the services of a bail bondsman by paying a portion of the bail up front, usually ten percent. The bail bondsman then pays the bond to the court. The fee paid to the bondsman is non-refundable, and if you fail to appear in court as scheduled, you will owe the bail bondsman the balance of the bond as well as wind up back in jail.

These simple dos and don’ts are important to remember if you are ever faced with arrest. In most cases, by being polite, respectful and the process will go smoothly. The most important things to remember after an arrest however, are that the services of a good and qualified bail bondsman are invaluable.

What Is An Arrest Warrant?

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An arrest warrant is a legal document issued by a Judge. It gives law enforcement the authority to arrest the person named in the warrant. The warrant states that a crime was committed, the date it was committed, and that there is probable cause to believe that the person named in the warrant committed the crime. The warrant will specify the exact crime and indicate whether it is a felony or misdemeanor.

Individuals who are aware they have an outstanding warrant may arrange to do warrant walk though with a bondsman which will clear the warrant rather than wait to be arrested. This may gain favor with the Court and increase their chances of getting bail. It shows that they are not attempting to run from the law, which is one of the factors the Court looks at when determining bail.

How is one issued?

A warrant is usually issued at the request of law enforcement. Officers present evidence to a Judge. If the Judge finds that, based on the statements and evidence presented, probable cause exists to suspect the individual named in the warrant, the Judge will sign the warrant.

What happens next?

The suspect, once in police custody, may be asked to give a statement, which is not required. The suspect may invoke the right to remain silent and ask for an attorney. The suspect will usually be taken before the Magistrate Judge on the next business day for an arraignment and bail determination. The suspect is now called a defendant.

The Magistrate Judge can do one of the following:

    • Release the defendant on his/her own recognizance. This can occur if the crime is very small and the defendant has no prior record, is prominent in the community, is in good standing and otherwise not a flight risk.
    • Set bail at specific amount. The defendant can either arrange to pay the entire amount, which will be returned once the case is over, or pay a percentage of the amount to a bail bondsman. If the defendant absconds, the bondsman is responsible to the Court for the entire bail amount. The bondsman option is attractive for defendants who cannot afford to pay the entire bail amount up front.
    • Deny bail. The defendant can then request a formal bail hearing. Because the two main factors the Court considers when determining bail is whether the defendant is (1) a danger to the community and (2) a flight risk, the defendant will want witnesses at the hearing who can demonstrate that the defendant is peaceful, mild-mannered and has sufficient connections to the community that he/she would not abscond. Such connections can be demonstrated by showing that the defendant works in the area, goes to a local school or church and has family or friends in town.

How do you clear up a warrant?

Call a bail bondsman to arrange a warrant walk through which will clear the warrant and set a court date for you to resolve the case in court.