What Happens during the First 48 Hours after an Arrest

Being arrested can be as disorienting as it is disruptive. Knowing what to expect and what your rights are from the start, however, puts you in a better position to protect your rights and achieve a more favorable outcome. One of the most important steps anyone in this position can take is seeking professional legal representation early. Turn to our experienced Cumming criminal defense attorneys at Banks, Stubbs & McFarland for the help you need.

Your Arrest in Cumming, GA

Your arrest experience will depend on the circumstances and be unique to you, but basic guidelines generally apply. Before a police officer can arrest you, they must have probable cause for doing so. This means they have a reasonable basis to believe you engaged in criminal activity.

Being Booked

At this point, the officer is very likely to handcuff you and take you to the Forsyth County Jail for booking. The booking process includes photographing and fingerprinting you, and entering your identifying information, along with arrest details, into the jail system.

Retaining Skilled Legal Guidance

Once booked, you have the right to make a phone call, and the best course of action at this point is to retain skilled legal guidance. Often, this means asking a trusted family member to contact a savvy criminal defense lawyer on your behalf.

Your First Appearance

Within the first 24 to 48 hours, you should have a first appearance hearing before a judge. The presiding judge will review the charge against you, address the matter of probable cause, and set the financial conditions for your release. Factors like the following determine whether a bond will be set and the amount attached:

• The severity of the charge against you
• Your criminal history
• Your ties to the community in terms of career, family, and residence
• The level of flight risk you pose
• Any risk to the local community

For very serious charges, a judge may deny bond altogether. For lesser charges, however, the judge may not set financial conditions, meaning the defendant is released on their own recognizance.

Keep Your Primary Rights in Mind

The outcome of your case can be directly affected by how you handle the first 48 hours.

Your Right to Remain Silent

After sharing basic identifying information, you have the absolute right to remain silent, and you should use it. The police will twist your words to their advantage if they can.

Your Right to an Attorney

You also have the right to be represented by a reputable criminal defense attorney. And the sooner you have one on your side, the better prepared you’ll be to handle the first 48 hours and beyond effectively.

Call Our Experienced Cumming, GA, Criminal Defense Lawyers Today

Our determined Cumming, GA, criminal defense attorneys at Banks, Stubbs & McFarland appreciate how challenging your situation is. We are committed to building a strong defense on your behalf that the prosecution will struggle to refute. Learn more by contacting us online or calling our firm at 770-887-1209 today.