Contact us immediately. We should be present during every step of the arrest process.
The police will want to question you; however, after you are arrested, you have a right not to be questioned until your Miranda Rights are read to you, stating clearly that you have a right to remain silent, that anything you say may be used in court as evidence against you, that you have a right to speak with a lawyer and to have a lawyer present when you are being questioned, and that if you cannot afford a lawyer, one will be appointed for you.
At this point, the questioning must stop if you wish to remain silent or are waiting for your attorney. You should not say anything to the police until you first speak to your attorney. Resist the urge to tell your side of the story; your words could later be used against you in ways you might not appreciate.
Shortly after questioning, you may be brought before a Commissioner or magistrate for an informal hearing, which is held at the police station. At this hearing the Commissioner or magistrate will decide whether you will be released, and if so, on what terms (a bond may be set and other conditions of release could be imposed) or whether you must stay in jail until a bond hearing in front of a judge, or even until your trial. You will be asked questions about your ties to the community, your family and employment, any prior record and Court appearances, etc.
It may also be helpful to have us present at that hearing. We will be able to ask additional questions if we feel the Commissioner or magistrate failed to ask something important. We can also argue in favor of your release.
In the event of an arrest, the most important advice is to contact us and don’t discuss anything until you speak with us. For additional information, please call us at 301-251-1600.