What Happens When You Are Arrested?

An arrest is the formal process by which a person enters the criminal justice system. It may happen at the scene of a crime, during an investigation or when police suspect a person has committed a crime and have probable cause to believe that they have done so. Throughout the process of an arrest, safeguards built into the Constitution and reflected in statutes and case law protect the rights of persons arrested.

The right to a fair trial is an important one and the police must follow all of the appropriate procedures to ensure that this right is protected. This includes the requirement that the person be properly informed of the charge against them and have a chance to have an attorney present before any statement is made to a detective or officer.

Sometimes an arrest is not taken to a precinct, but instead the person receives a Desk Appearance Ticket (DAT). This means that they will be given a court date and will need to appear in court in order to defend themselves. This is often seen with minor crimes of moral turpitude such as possession of marijuana.

Arrest is a serious matter, even for minor offenses. It can damage your reputation, have negative employment consequences, affect your immigration status and negatively impact your life in general. The best thing to do if you have been arrested is to ask to speak with an attorney and not say anything to anyone, even a friend or family member. A recent study found that people who were arrested as youth experienced worse health in different stages of their lives and were more likely to die by adulthood.