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Maryland Process of Arrest

arrestBeing arrested in Maryland is a scary thing. It means that you’ll be spending some time in jail and will have numerous, potentially serious, repercussions to deal with following the arrest. Arrests can lead to prison time, fines, problems with licenses, family, work, and many other unforeseen ramifications. As your Maryland criminal lawyer, we want to explain to you the process of an arrest so you know exactly what your rights are and how a legal arrest should proceed. If it is conducted improperly, it can mean problems for the police and or prosecutor. Thus, read this and be sure you are being treated fairly and know what the officer can and can’t do during an arrest.

Process of arrest

  • First and foremost, it is important to note whether or not you were read your Miranda rights. You know, the ones you always hear, “You have the right to remain silent . . .” etc. If your officer fails to read you these rights, the arrest itself is still legal, but anything they ask you following the arrest may be suppressible in court. Most, if not all, Maryland criminal lawyers will advise that you do remain silent and refuse to answer any questions until he or she is present to advise you.
  • Once you’ve been detained, an officer may pat you down to see if you have any weapons on your person or in your immediate vicinity. This is allowed, but take care to make sure that they’re not being overly rough or unnecessarily inappropriate during the pat down. It’ll be your word against theirs, but pay attention nonetheless so you know exactly what happened the whole way through it. Female officers should be the one patting down female defendants.  Also, at the time of an arrest, officers can not only search you but they may also search your car or the room you are in, this is called search incident to arrest, so don’t be surprised when they go snooping around. At the time of a stop in your car, but before an arrest, they can ask you to get out of your car for “officer safety” even if you are not under arrest.
  • Know what you have on your person. Officers will confiscate your personal items from you and put them somewhere safe. They will take an inventory of these items that you have to sign. This will include money and valuables, so make sure you know exactly what you have on your person to ensure that everything that has been taken from you is accounted for.

After all of this, you will be “booked.” During this process, you’ll be asked a lot of questions. It’s best to have a lawyer present for any questions pertaining to your case, but questions of where you live, etc, you should answer and cooperate with. That is to say, any questions regarding your arrest or the circumstances of the event are ALWAYS better left unanswered until you have an attorney available.  In other words, exercise your Constitutional rights under Miranda! Once the booking process is over, the court proceedings begin. Check out our blog concerning court proceedings and behavior here.

If you have anymore questions concerning an arrest, or if you have recently been arrested, please contact your Maryland criminal defense lawyer, Bruce Robinson ASAP.

Robinson & Associates, located in Baltimore, Maryland is a premiere criminal and DUI defense law firm practicing for over 20 years.  With a former state’s attorney and former public defender, they have the necessary resources and experience to help resolve your situation quickly and successfully while supporting you throughout this difficult time.

To learn more about The Process for Arrest or to schedule your free consultation, give Robinson & Associates a call at 443-524-7395. You can also follow us on Facebook, Twitter, and Google+.

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