What happens if im arrested

Once an arrest warrant is issued, any law enforcement officer in the state can arrest you - even if the officer does not have a copy of the warrant. Generally, there is no time limit on using a warrant to make an arrest. Before entering your home, a law enforcement officer must knock and identify himself or herself and tell you that you are going to be arrested. If you refuse to open the door - or if there is another good reason - the officer can break in through a door or window.

If the police have an arrest warrant, you should be allowed to see it. If they don't have the warrant with them, you should be allowed to see it as soon as practical. The police may search the area within your reach. If you are arrested outdoors, they may not search your home or car. Resisting an arrest or detention is a crime. If you resist arrest, you can be charged with a misdemeanor or felony in addition to the crime for which you are being arrested. If you resist, an officer can use force to overcome your resistance or prevent your escape.

The officer can even use deadly force if it appears you will use force to cause great bodily injury. When Can I Be Released? If, during the questioning and before a charge is filed, the police are convinced that you have not committed a crime, they will give you a written release. Your arrest then will be considered a detention and not recorded as an arrest.

The amount of bail - money or other security deposited with the court to insure that you will appear - is set by a schedule in each state.

You may be notified that you can forfeit or give up bail instead of appearing in court if you receive a traffic citation. However, if you have any doubt, go to court so a warrant is not issued for your arrest for failing to appear.

Bail forfeiture does not apply to misdemeanors or felonies. Forfeiting bail does not mean that the charges are dropped and usually works as a conviction for a traffic offense. Officers at the jail may be able to accept bail. If you cannot post or put up the bail, you will be kept in custody.

Depending on where you are arrested, you may have the opportunity to request a bail reduction through a bail commissioner. When you are taken to court for bail setting or release, the judge will consider the seriousness of the offense you are charged with, any prior failures to appear even for traffic tickets , any previous record, your connections to the community, as well as the probability that you will appear in court.

The amount of bail is set according to a written schedule based on your charges. The law presumes you are guilty of the charges for purposes of setting bail or release.

Instead of paying bail, you might be released on your own recognizance or "O. This means that you do not have to pay bail because the judge believes that you will show up for court appearances without bail. Local police departments and the State Department of Justice keep arrest records.

According to law, they cannot show them to anyone except law enforcement officers and may only show records of your convictions to certain licensing agencies which have a right by state law to investigate your criminal background. The arrest record includes when and why you were arrested, whether the charges against you were dropped or whether you were convicted of the charges, and the subsequent sentence imposed.

Both pleading guilty and being found guilty after a trial count as convictions. If you are convicted of committing a misdemeanor, placed on probation and stay out of trouble, you are able to have the conviction removed from your record for such purposes as employment background checks after probation is over.

If you are convicted of certain felonies and you successfully complete probation, you can have the felony reduced to a misdemeanor on your record. You must contact the probation officer in either instance to clear your record.

What Happens at an Arraignment? You have a right to be arraigned without unnecessary delay - usually within two court days - after being arrested. You will appear before a municipal or a justice court judge who will tell you officially of the charges against you at your first arraignment. At the arraignment, an attorney may be appointed for you if you cannot afford one, and bail can be raised or lowered. You also can ask to be released on O. 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 nolo contendere, meaning that you will not contest to the charges. Be aware that some officers may arrest you for refusing to comply even though their orders are illegal.

The arrest would be unlawful, but you will need to weigh the personal risks of arrest including the risk that officer may search you upon arrest against the value of continuing to record. If you are able to speak to the person stopped by police after the police leave, they may find your contact information helpful in case they decide to file a complaint or pursue a lawsuit against the officers.

Print: this section. Share this scenario:. If yes, you may silently leave. How to reduce risk to yourself Stop the car in a safe place as quickly as possible.

Turn off the car, turn on the internal light, open the window part way, and place your hands on the wheel. Avoid making sudden movements, and keep your hands where the officer can see them. They can and often will listen to a call made to anyone else. The police are at my door Your rights and how to reduce risk to yourself You should not invite the officer into your house. Talk with the officers through the door and ask them to show you identification. You do not have to let them in unless they can show you a warrant signed by a judicial officer that lists your address as a place to be searched or that has your name on it as the subject of an arrest warrant.

Ask the officer to slip the warrant under the door or hold it up to the window so you can read it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant has the name of the person to be arrested. Even if officers have a warrant, you have the right to remain silent. You should not answer questions or speak to the officers while they are in your house conducting their search.

Stand silently and observe what they do, where they go, and what they take. Write down everything you observed as soon as you can. If you have children, a social worker may decide to have a relative look after them if it is not safe for them to stay in your house. The social worker's job is to make sure that your children are safe - you will receive papers letting you know if they decide your children should be taken into care.

If you can't go to work because you are in jail, make sure your boss knows you won't be at work. Tell your boss what happened, and ask if you can talk about it in a few days when you know more about what is going on.

In many situations the police will charge and then release you on a promise to appear or an undertaking , which may have certain conditions for you to follow. If the police give you papers that say you have to go to court at a certain time, you have to go. If you don't go to court at that time, you can be charged with a crime called failing to appear , and you can be arrested and put in jail until your trial. If the police do not agree to release you, they have to arrange for a court appearance called a show cause hearing as soon as possible.

Legal aid will provide a lawyer at no cost to assist you with the show cause hearing. At a show cause hearing, the police and Crown prosecutor will tell the judge why they think releasing you may not be a good idea. For example if you have hurt someone, they may be concerned that it is not safe to release you straight away.

If the judge decides you should stay in custody, the police will usually bring you to one of the NWT's correctional centres.