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What Happens When You Get Arrested?


Sanjiv

Question

Please note: The police only have to read you the Miranda rights if you’re in custody and being questioned, but they often will still do it even if they aren’t questioning you. Also, the timing of the initial court appearance varies from jurisdiction to jurisdiction—and isn't always clear. Typically, though, a person who was arrested and is sitting in jail must get before a judge within 24 to 72 hours (with some exceptions, including weekends and holidays)

So many people don't know this and think their rights are being violated or that nothing they say can be used against them. Most petty or minor crimes don't require mirandizing. Know your rights and the laws in your jurisdiction, folks. Please. If you're in Cincy/ HamCo OH & you're chucked into the HCJC, you can expect an arraignment by zoom within 24h/the next morning M-Sat, with the exception of federal holidays. Bond is also generally set then too, but generally set high- you'll have to put in a bond reduction motion. After that, you can expect to wait 14d-30d for a 1st offense court date, depending on the judge you pull and your charge. If you're a repeat offender, oftentimes your 1st court date will be further out, sometimes even 3m+ BUT, you'll generally be released with time served on the day of that court date so long as no other charges are filed against you in the interim. And be prepared to be put on electronic monitoring as part of your bond bc it's a bond requirement for almost everyone eligible for bond now. None of this applies to PVs though. Your court date on a PV is generally your out date and there will be no bond eligibility bc DUH, you just effed up your 2nd chance. If the PV is a new charge, expect to sit for awhile. Also, nobody will tell you this but all calls to your lawyer are free, but being recorded- ask your lawyer for an in person visit and DO NOT discuss your case over the phone with them or anyone else. Ask one of your pod mates or a good CO how to call out to your lawyer for free- they won't steer you wrong on that one. And NEVER, EVER give anyone your phone PIN. If you want to let someone use a phone call, YOU put the PIN in them call them over to put the # they want to call in. And remember - everything they say and the # they called are logged under YOUR inmate # as well as the recording of the call, so if they are trying to badger a witness on their case or are calling people soliciting $, YOU will get an in house charge too. And they absolutely DO listen. Especially if you have co-defendents on your case. Be careful who you trust and do NOT talk about your case to ANYONE. Also don't let people know your government name OR lie about your charges bc people WILL find out from guards and pods here are based on your charges - murder/violent offenses & people who try to run from the cops, higher level non violent offenses and minor misdemeanors are all housed in separate pods, so people will know roughly what you're in for based on your housing assignment. Don't be afraid and be confident but not aggressive and you'll be fine. (This is my personal experience in the female pods- males are basically the same, but at much higher population rates & slightly different housing assignment requirements and you might NEED to assert yourself to gain respect on the male pods, but definitely don't just go in swinging or acting like you own the place it will not go over well especially with people that are fighting their cases & have been there for years. But also don't let anyone take advantage bc they'll drain you & tear your arse apart in any way possible.) Remember: LOOSE LIPS SINK SHIPS & *NO* GOVERNMENT NAMES! (I'd also advise not letting people know your neighborhood or associates bc there's always someone on the outside willing to look your records & people up & even cause them harm if you pissed someone off in your pod. Just saying.) Be safe & SMART.

Mirandizing is not a requirement for any arrest, but they are required to Mirandize you before questioning you after any arrest, even for a misdemeanor.

What Happens When You Get Arrested

 

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