Arrest Processing

You may be arrested if an officer has probable cause to believe that you have committed a crime. In some cases, an officer gathers evidence, then obtains a warrant, and then arrests you. For example, if an officer suspects that you are manufacturing methamphetamine in your house, the officer is likely to collect evidence and ask for a warrant before coming to arrest you. However, in other situations, an officer may witness a crime being committed, in which case they do not need to obtain a warrant. For example, if the officer sees someone smoking crack on a street corner, no warrant is necessary. If you are concerned about arrest processing and need a skillful Phoenix criminal defense attorney to advise you, the Law Offices of James Novak may be able to evaluate your situation and provide a strong defense.

You may be arrested in Arizona if a law enforcement officer has probable cause to believe that you committed a crime. If you are arrested, the police must follow specific legal procedures. You are considered to be under arrest if police take you into their custody, and you are unable to leave the arresting officer or other police officers of your own volition.

If they are arresting you on suspicion of having perpetrated a crime, the police officer needs to inform you of certain guaranteed constitutional rights. These are known as Miranda warnings. The Miranda warnings must advise you of these rights:

• The right to stay silent and refuse to answer any questions by investigators or law enforcement,
• The right to know that what you say may be used against you in court,
• The right to talk to an attorney before you talk to the police and to have an attorney present for questioning in the present or in the future,
• The right to have an attorney appointed for you before questioning, and
• The right to know that if you stop answering questions without an attorney present, you will still be able to stop answering at any point during the interrogation until you speak to an attorney.

If you are not read your rights at the appropriate time, what you say in an interrogation may be subject to a motion to suppress.

After arrest, you will be booked. During booking, you will be asked certain identifying information about yourself, like your birthdate and address. Your personal effects will be taken, and you will be photographed and fingerprinted. The officers will determine whether you have a criminal record. You might be asked to give a handwriting sample or be asked to stand in a line-up to be identified by a witness. You must be booked within a reasonable period of time (which may be overnight).

Your initial court appearance should be within 24 hours of your arrest. Bail will be set at this appearance. The severity of the charges as well as the accused's criminal history determines the amount of bail that will be set. Bail will likely be higher if you have an extensive record.

A criminal defense attorney who is knowledgeable about arrest processing in Arizona may make a difference to your case. If an arrest was made improperly, such that there was no probable cause, or Miranda warnings were not provided to you at the right time, we may be able to use the procedural errors to defend you. Contact Phoenix attorney James Novak at (480) 413-1499 or via our online form to set up a free appointment if you need a drug crime or DUI lawyer or assistance with any other criminal case. We also represent clients in cities such as Tempe, Mesa, Chandler, Gilbert, Scottsdale, and other areas of Maricopa County.