A1Nick at A-1 Bail Bonds talks to attorney Myles Breiner about what to do if you have been arrested, but not yet charged with a crime. Attorney Breiner is currently a private criminal defense attorney with past experience as a deputy city prosecutor. He has been practicing law for 30 years and has represented clients in state and federal court.
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In this interview, A1Nick, also known as "gotbailNick" asks:
"What do I do if I've been arrested, but not charged with a crime?"
Answer: its important not to make a statement
"When should I see an attorney?"
Answer: You should be proactive and see an attorney immediately.
"Can an attorney visit me while in custody at HPD main?"
Answer: An attorney can visit you at any time.
"What are some advantages to turning in AFTER speaking with an attorney and/or bail bond agent?"
Answer: An attorney can act as a representative on your behalf to make sure your rights are not violated. An attorney can reach out to the detective involved in the case and state that you're not going to comment or participate in their investigation. You always have the right to remain silent and having an attorney communicate "on your behalf" protects you from further criminal liability.
Having a bail agent lined up streamlines the process, so that in the event you are charged with a crime, you can make one phone call to your family or attorney, and they can arrange for a bail out. Often times, you're only given ONE phone call, so it's important to make it count.
"Can you explain the 48 hour investigation period?"
Answer: The police have 48 hours to charge or release you on a felony investigation. During that time, its important NOT to make any self incriminating statements. Its takes discipline, commitment, and will power to patiently wait to see if you are charged with a crime. But the key is to not fall victim to any scenario where you are promised a quick release, if you just confess or give a few details about a criminal matter.
"What's the difference between a felony or misdemeanor domestic violence case?"
Answer: The bail amount and penalties are far greater for felony abuse case. It's important to reach out to an attorney early in the process, since many times, in the heat of the moment, poor choices or reactions to a stressful event, may in fact sort themselves out, WITHOUT the court sentencing a person to jail time. In order to resolve such issues, its important to consult with an attorney earlier, rather than later so that a solution may be reached, without a mandatory term of imprisonment.
*The questions and answers in this section have all been paraphrased. Watch the interview to get the full transcript.