Tuesday, April 10, 2007

What to do when you've been arrested.

What Do I Do If I Have A Warrant For My Arrest?
An attorney should be contacted immediately if you or a member of your family or a close friend has a warrant for their arrest. The term for this situation is called a NON ARREST WARRANT..
The definition of the term means there has been a warrant issued by a magistrate or a judge. The arrest warrant commands a law enforcement officer or some other person specifically named to arrest the body of the accused and take the body to be dealt with according to law.
By contacting an attorney the person accused has made the right decision to solve the warrant problem. An Attorney will know how to make the necessary inquiries and arrangements for the person named in the warrant while preserving the rights of the accused person.
How is an Arrest Made?
A law enforcement officer must obtain an arrest warrant before taking a person into custody. However, a law enforcement officer may arrest a person without a warrant only if:
There is probable cause to believe that the person committed an offense; and
The arrest falls within one of the exceptions in Chapter 14 of the Code of Criminal Procedure, Article 14.01
A criminal act is committed in a law enforcement officer's presence or view.
A magistrate may issue an arrest warrant on the basis of an affidavit made by any person under oath before the magistrate, establishing probable cause to believe another person has committed an offense. The arrest warrants commands a law enforcement officer or some other person specifically named, to take the body of the accused to be dealt with according to law.
What Are Your Rights If Arrested?
The police officer making the arrest is required without unnecessary delay, but no later than 48 hours after the arrest, to take the person arrested before a magistrate. The magistrate is required to inform the person arrested of:
The accusation against the person arrested (defendant) and of any affidavit filed therewith
The right to hire an attorney
The right to remain silent
The right to have an attorney present during questioning by law enforcement or a prosecuting attorney
The right to end the questioning at any time
The right to request a court appointed attorney, if the person arrested is indigent or cannot afford to hire an attorney
The procedures for requesting a court appointed attorney
The right to have an examining trial
The person arrested is not required to make a statement and any statement may, can and will be used against the person arrested.
The magistrate is also required to allow the accused reasonable time and opportunity to consult counsel and to be admitted to bail if allowed by law.

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