Criminal Frequently Asked Questions
What happens if I am arrested?
Can they use force to arrest me?
If a police officer knocks on my door and asks to search my home, do I have to let the officer in?
What if I agree to the search?
What is the Plain View doctrine?
If I am arrested, can the officer search me?
What types of bail may the court set?
What happens at an arraignment?
What will happen at a preliminary hearing?
What happens if I am arrested?
If you are arrested for a criminal offense, the case is taken before a judge or magistrate. The judge or magistrate may issue a warrant if necessary, and set bond for your appearance at arraignment. If you cannot post bond you may be incarcerated pending appearance in court. If bond is posted, you will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest, or the first date available if the arrest occurs on a weekend or holiday. The arraignment is held before a judge. During the arraignment you will be formally advised of the offense you are charged with, and advised of your constitution rights. You will enter a plea of guilty or not guilty, bond may be reviewed, and a judge is assigned to the case.
Can they use force to arrest me?
A police officer may use as much force as is necessary to arrest you. Unreasonable force is a battery. After arrest, a police officer may handcuff you to prevent you from escaping or for the officer's safety. If you claim that force was used to arrest you, a judge will decide whether or not the force used was reasonable under the circumstances.
A search warrant is an order issued by a judge that authorizes the police to conduct a search of a specific location. Before a search warrant may be issued, there must be a showing of probable cause.
There is no hard and fast rule establishing precisely what constitutes probable cause. Roughly, probable cause requires objective facts indicating a likelihood of criminal activity.
If a police officer knocks on my door and asks to search my home, do I have to let the officer in?
Unless the officer has a warrant, you are under no legal obligation to let the officer search your residence.
What if I agree to the search?
If you voluntarily consent to a search of your home, automobile or person, then the officer can conduct a full search without a warrant. Anything the officer finds can later be used against you in court.
What is the Plain View doctrine?
Police officers do not need a warrant to seize contraband that is in plain view of the officer in a place that the officer has a right to be.
If I am arrested, can the officer search me?
Yes. Police officers do not need a warrant to conduct a search after making an arrest. After making an arrest, the officer can legally search the person being arrested and the area in the immediate control of the suspect.
Bail is money or other property that is deposited with the court to secure the defendant returning to court when required to do so. If the defendant returns to court as required, the bail will be returned at the end of the case, even if the defendant is ultimately convicted. However, if the defendant fails to appear in court when required or violates bail conditions, the bail will be forfeited to the court and will not be returned.
What types of bail may the court set?
Recognizance - This is the defendant's written promise to appear in court on the date set and abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit or security by property or professional bondsman is required.
Unsecured Bond - This release pending court appearance is based on the defendant's written agreement to appear in court on the date set and abide by the conditions set by the magistrate or judge. It is secured by an agreement from the defendant to forfeit money to the court if she or he fails to appear in court as required.
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Secured Bond - This is secured by either a cash deposit, a pledge of real or personal property, or a pledge by a third party that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant fails to appear in court as required.
What happens at an arraignment?
You have the right to be arraigned without unnecessary delay after being arrested. You will appear before a judge who will advise you officially of the charges against you. At arraignment, an attorney may be appointed for you if you cannot afford one, and bail can be raised or lowered. You also can request to be released on personal recognizance, even if bail was previously set.
If you are charged with a misdemeanor, you can plead guilty or not guilty at the arraignment. Or, if the court approves, you can plead no contest, meaning that you do not admit guilt but do admit the truth of the facts alleged in the complaint or indictment, and allow yourself to be found guilty. Legally, this is the same as a guilty plea, but it cannot be used against you in a subsequent civil case.
Before pleading guilty to some first time offenses, such as drug possession in small amounts for personal use, you may want to find out if your county has any drug diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to obtain counseling, which can result in dismissal of the charges if you complete the counseling.
If misdemeanor charges are not dropped, a trial will be held later in the municipal court. If you are charged with a felony, however, and the charges are not dismissed, the next step is a preliminary hearing.
What will happen at a preliminary hearing?
Every person who is charged by warrant is entitled to a preliminary hearing. If a person remains in jail, he or she is entitled to a preliminary hearing usually within 10 days of arrest. If a person is released from jail on bond, he or she is entitled to a preliminary hearing usually within 15 days of arrest.
A preliminary hearing is an examination of the charge against the accused. The prosecutor must present evidence and witnesses that prove it appears an offense has been committed, and that there is probable cause to believe that the person accused committed the offense. The accused may cross-examine witnesses, and may present evidence if he or she wishes.
If the judge makes a finding of probable cause after hearing the evidence, the charge is sent to the grand jury. If the judge does not find that it appears an offense has been committed or that the accused is likely the person who committed an offense, the accused is discharged and the charge is dismissed. If the accused is discharged and the charge dismissed after a preliminary hearing, the prosecutor may still present evidence to the grand jury to see if they will find probable cause.
If you are facing a criminal charge, please call 216.225.9181, Email, or use the contact form to schedule an initial consultation.