ARRESTS
Law enforcement officers most often arrest people at the time of the alleged criminal incident or with a signed arrest warrant. If an officer sees or investigates a criminal act, or takes a report of a criminal act, the officer may arrest you if they have probable cause that a crime was committed. A warrant is a document signed by a judge allowing the police to arrest a person. A warrant can be issued not only for a new criminal act but also for a violation of probation, violation of pretrial release conditions or for failing to appear in court.
As an alternative to an arrest, an officer may have a person sign a Notice to Appear. A Notice to Appear is just that, it is a document informing you of your obligation to appear before a judge at the stated date, time and place.
If you know or think there is a warrant for your arrest. I encourage you to telephone Jeanette Dejuras Bigney, P.A. Jeanette Bigney can help clarify whether there is a warrant. If the is an arrest warrant, she can assist you with how to proceed.
If you are arrested you may be entitled to bond. Bond is usually an amount of money to ensure that you will appear for a future court date. If you cannot afford the bond amount or a bond is not given, Jeanette Bigney can file a Motion for Bond, Motion to Modify Bond, or a Motion for Release.
If a juvenile, or person under eighteen years of age, is arrested and transported to the Department of Juvenile Justice. Bond is not a factor unless the child is being charged as an adult. The laws in juvenile delinquency court limit the length of time a child can be detained. Each juvenile, whether arrested or not, is subject to a risk assessment to see if confinement is necessary.
Usually within twenty four (24) hours of an arrest, a person who has not bonded out will have a First Appearance, or Initial Appearance, before a judge. During the first appearance, a judge will determine if there is probable cause for the arrest, advise the person what they have been arrested for and set a bond, inform an inmate if there is no bond and/or inform a defendant of the bond release conditions. Bond release conditions may include no return to a location and no contact with an alleged witness, victim or co-defendant.
SEARCHES
A police officer can generally search a person under limited circumstances. Searches are legal if:
--The officer has a search warrant,;
--If the officer sees contraband in plain view (for example, a stolen item or weapon);
--If the office smells an illegal substance (for example, burnt marijuana);
--At time of the arrest; and
--As part of a crime scene.
Searches within schools or semi-private places, such as a work place, are subject to the individual rules of the establishment. For example, a student who is suspected of having drugs or other contraband in his or her possession may have his belongings searched by a school official. Often times a police officer dedicated to the school, or school resource officer, is present during these searches.
If you feel that you were searched unlawfully and it results in criminal charges, contact attorney Jeanette Bigney.
