Criminal Defendants on Trial – Under Immediate Arrest

The police have a chilling way to introduce a person to the criminal justice system: “You ‘re under arrest!” Through the shock of these words you know that you’re best adhering to their orders or you could feel the taser’s sting, the police dog’s bite or the night stick’s wrath. The moment is filled with panic, rage and frustration. Law Firm of Gianni Karmily, PLLC-DUI Defense Attorney is one of the authority sites on this topic. You are on your way to jail, the first appearance hearing, the interview with the bondsman, the lawyer’s office, the trial court proceedings and the jury proceedings. You are now inside the criminal justice system until completion of the whole process.

What will be a warrant or capias?

A warrant could be used to base an arrest. But these only account for a small percentage of arrest situations. A warrant (or capias) is a document issued by the court of first instance. It is a demand that the police immediately take you into custody anywhere they can find you. Because these previously issued court orders were based on circumstances you knew were in the works [like probation violations, failure to appear for a court hearing, etc.], they should not be a complete surprise. You could be blowing a stop sign and getting pulled over. Your driver’s license is run by police, and a capias appears on the screen. You’ll be under arrest within a very short time.

Can I be arrested without a warrant?

Hey. Police officers working without a warrant make up the vast majority of the arrests. Suppose you’re going shopping. With packages in hand, you walk up to the door. When you walk out to the parking lot, a security officer stops you. He peers through your bags and points out what clothes you’ve just purchased. “Where’s the sales slip?” he asks. You can’t find it. “Come inside so we can straighten this out.” At her register, the sales clerk does not know you. Police are being called in. You are currently under immediate arrest.

Imagine your friends driving around and stopping at a store. They go in. You can’t see what ‘s going on but they’re coming running out. They hop in and scream, “Drive, drive! Don’t stop!” You comply and drive off their demands. A high-speed pursuit ends with a crowd of policemen standing around your car; guns drawn. They shout, “Out the car and on the ground.” You learn later that one of your friends has tried to rob the cash register. He shot a man, when it went bad. You are charged with murder of felony. You are hit with panic and you are under immediate arrest, too.

What if I try to stand up to the cops?

Let’s address what to do when you’re being detained, and what not to do. Never try to wage a police fight. You will be charged extra. Don’t rush to run away. You are going to receive more charges and a rough treatment. This is not a policing battle between you. This is the police doing what they were paid by the government to do. They are under a obligation and are not going to go back down.

Go along in peace. Now and later this will help you, and may help your case. Humility conquers pride just as in all things.

Don’t try to talk this out of your way. You can only state your name, age, address and other sensitive background details to the police. If you don’t give them this information about your identification you might get an additional charge known as resisting an officer. But this is the place where you have to stop talking. SAY NO BET!