What happens after I have been arrested?
- The police will photograph you and take your fingerprints after they have placed you under arrest. The police may ask you to give them a statement or provide them with your DNA; do not do either of these things as they could mean the difference between you going home at the end of the day or being convicted at trial.
- After the police process you they will bring you before a judge who will arraign you and decide your release status.
I have been arrested; should I speak to the police?
- No. Often times the best piece of evidence against someone is their own statement. You need to know that you have no obligation to speak with the police and to do so without the aid of an attorney could be the biggest mistake you make. If you have been arrested or you are a suspect, the most important thing you can do is invoke your right to an attorney or invoke your right to remain silent.
I made a statement to the police, can they use it against me?
- It depends on the facts and circumstances of your case. If the statement was the product of interrogation and made while you were in custody, the only way that it can be used against you in the People’s direct case is if it was proceeded by Miranda warnings. If the police didn’t read you your Miranda warnings, and if you did not make a knowing, intelligent and voluntary waiver of them, then the District Attorney cannot use your statement. If your statement was the product of coercion, whether or not it was made while you were in custody, then the District Attorney can not use your statement.
Who decides whether or not my statement can be used?
- The Court will decide if the District Attorney can use your statement against you after it conducts a Huntley Hearing to determine if your statement is admissible.
What happens at my arraignment?
- At arraignment a judge will advise you of the charges that have been filed against you, the judge will advise you of your rights, such as a right to an attorney and decide on the issue of bail. Your arraignment is an important part of the criminal process and you should have an attorney present so as to protect your rights.
How to I get bailed out if the judge remanded me?
- Typically, the court will set bail in the form of cash or bond. If you have been remanded with bail then your family should contact a criminal law attorney and a reputable bondsman who can help secure your freedom.
Do you charge a consultation fee to meet with me?
- The Law Office of Shane Hug does not charge for an initial consultation. If you want to sit down and discuss your case with Shane then call him at (518) 396-5849.