The Criminal Defense Process

What Happens After an Arrest?

Upon arrest, you should have been read your rights: your right to remain silent, and your right to an attorney. It is crucial that you assert these rights immediately.

Within two court days of an arrest, the defendant will hear the charges against him or her in an arraignment. This is where you can enter a plea of guilty, not guilty, or no contest. Bail can also be increased or reduced at this hearing. If the case moves forward, it will move on to the discovery phase, where the defense attorney and the prosecutor share information. This is also the time when pre-trial motions can be filed. During this time, your attorney may be able to request that certain evidence is thrown out from the case because an arrest or search was invalid. It may also be possible that your lawyer could negotiate a plea deal with the prosecutor, where you plead guilty in exchange for a lesser charge or reduced penalties. If you can’t reach a plea bargain or case dismissal, however, then your case could move on to a trial.