
Panhandle Area Public Defender Managed Assigned Counsel
Arrest Through Arraignment
Booking Process
At the Detention Center, the person who was arrested will go through a booking process. During that process, jail officials will ask for information such as the person's name, address, birth date, any medical problems, and the like. The booking officer may or may not take the person's fingerprints.
The person's personal belongings will be taken away from him and cataloged. He will get a form or a voucher with a number on it, which he can then use to reclaim his property upon release.
Any items in the person's possession that may be evidence relating to the arrest will be recorded separately, and the person likely will not get those items back. Once the person goes through this process, which may take several hours, he is considered to be in custody.
Magistration
When a person is arrested, he must be seen by a judge, or a magistrate, within 48 hours of his arrest. The judge will meet with the person at the Detention Center. At that time, he or she will tell the person why he was arrested - which specific criminal offense he has allegedly committed - and whether there is an affidavit (a sworn statement) supporting the allegations against him.
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The judge will also go over the accused person's rights. These rights include:
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the right to representation by an attorney, either an attorney privately hired to handle the case or (if the person cannot afford to hire an attorney) an attorney appointed to handle the case;
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the right to remain silent;
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the right to have an attorney present during any interviews with law enforcement; and
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the right to an examining trial (which is a hearing establishing the reasons for the arrest).
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After going through everything, the judge will set bail. Bail is money the arrested person pays to ensure that if he is released, he will show back up to court later. The bail amount is based on a variety of factors.
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Bail is money the arrested person pays to secure his release. If the person pays the full bail amount upfront (called a cash bond), that money will be refunded once the case is over. If the person does not have the money to pay bail, he or his family can contact a bail bond company for help. A bonding company or bail bondsman will loan the arrested person the money to make bail, but to do so he will charge a non-refundable fee.
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Magistration (arraignment) hearings take place each day at 11:00 a.m. and are live-streamed on YouTube.
Initiation of formal charges.
The arresting officer will present the case to the District Attorney's Office, who will decide to drop the case or to pursue formal charges. Formal charges take the shape of either a Complaint (for Class C misdemeanors), an Information (for Class A or B misdemeanors), or an Indictment (for felonies).
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Arraignment
This is the accused's initial court appearance. At arraignment, the accused will be given a copy of the complaint, information, or indictment and have the opportunity to have the charges read in open court. At this time, the court will ask the accused what his plea is to the charges. The plea can be (i) guilty; (ii) not guilty; or (iii) no contest. Many times, an attorney will advise her client to plead not guilty at arraignment so that they may conduct their own investigation of the case.