If you have been arrested for a crime in Monroe County, it will be important to make sure you know what comes next. A lot can happen in the first 48 hours after your arrest; and, if you aren’t careful, you could unknowingly make mistakes that jeopardize your defense.
In this article, we cover:
- The typical timeline during the first 48 hours after an arrest in Monroe County
- The importance of asserting your constitutional rights after an
- What to expect after the first 48 hours of your criminal case
Timeline After an Arrest in Monroe County: The First 48 Hours
When you get arrested for a crime in Monroe County, the next steps in your case will depend on the specific charge (or charges) you are facing. The circumstances surrounding your arrest can impact the next steps in the process as well. With this in mind, the following is an example of a fairly typical timeline during the first 48 hours after a criminal arrest:
- Booking and Processing – After arresting you, the police will take you to the station for booking and processing. They will take your fingerprints, photograph you, and ask lots of questions. If you will be placed in a holding cell pending your preliminary arraignment, you will undergo a medical screening as well.
- Detention – For more serious offenses, you may be held in custody until your preliminary hearing. You are entitled to assert your constitutional rights while you are being detained (more on this below), and it is critical that you do so.
- Preliminary Arraignment – Your preliminary arraignment will typically take place within hours of your arrest. During your arraignment, you will appear before a judge who will advise you of your rights and read the charges against you. The judge will also set the date for your preliminary hearing.
- Bail and Release – If you are being held in detention, you have the right to seek bail (or, in some cases, a release without bail). If you are released on bail, you will be required to show up for your preliminary hearing voluntarily—and, if you don’t, the judge can issue a bench warrant for your arrest.
- Starting to Build Your Defense – To give yourself the best possible chance of avoiding unnecessary consequences, you should start building your defense as soon as possible. From the moment you get arrested, there are lots of mistakes you need to avoid, and there are lots of steps you can—and should—take to protect yourself.
Building your defense will involve working closely with an experienced Monroe County criminal defense attorney. While you have the right to represent yourself in your criminal case, you also have the right to legal representation. With all that you have at stake, you do not want to take unnecessary chances. An experienced criminal defense attorney will be able to help you carefully consider all of your options, represent you in court, and help you avoid costly mistakes every step of the way.
Asserting Your Constitutional Rights During the First 48 Hours
During the first 48 hours after your arrest, one of the most important steps you can take to protect yourself is to assert your constitutional rights. While you have several constitutional rights in this scenario, some of your most important rights in the immediate aftermath of an arrest include:
- The Right to Remain Silent – Under the Fifth Amendment, you have the right to remain silent after an arrest. While the police can generally require you to identify yourself, they cannot require you to answer any questions that have any implications for your defense.
- The Right to Legal Representation – The Sixth Amendment guarantees your right to an attorney in criminal cases. If you have been arrested for a crime in Monroe County, you can—and should—request to speak with an attorney right away.
Once you hire a criminal defense attorney to represent you, your attorney will be able to assist with asserting your other constitutional rights as well. In many cases, violations of defendants’ constitutional rights can serve as defenses in court. For example, if the police obtained key evidence in violation of your Fourth Amendment rights, you may be entitled to keep this evidence out of court. Likewise, if prosecutors violate your Sixth Amendment right to a speedy trial, this could entitle you to a dismissal.
The impact of any violation of your constitutional rights will depend on the specific circumstances of your case. In all cases, it will be up to you to assert your constitutional rights effectively, and this is another important reason to have an experienced criminal defense attorney on your side.
What Comes Next?
So, that covers the first 48 hours after your arrest. Now, what comes next? As referenced above, the next step in most criminal cases is the preliminary hearing. This will typically be scheduled somewhere between 72 hours and 10 days after your arrest. After your preliminary hearing, the prosecutor’s office will file an “Information” listing the charges against you, then your formal arraignment will be scheduled in the coming months.
From this point forward, the process and timeline depend on several factors. If you are eligible for pretrial diversion, completing your pretrial diversion program successfully could lead to dismissal of your criminal case. Negotiating a plea bargain is an option at this stage as well. If your best option is to fight your case in court, then you will need to focus your time and energy on working with your criminal defense attorney to fight your case by all means available.
Request a Free Consultation with Monroe County Criminal Defense Attorney Brian C. Jordan
Were you arrested in Monroe County, PA? If so, we encourage you to contact us promptly so that we can help you. To request a free consultation with Monroe County criminal defense attorney Brian C. Jordan, call us at 570-356-4985 or tell us how we can reach you online now.