Being arrested in Maryland is often confusing and traumatic. Most of us have not been involved in the criminal justice system and have no real idea of what to expect.

In this article, the experienced and highly rated Maryland criminal defense attorneys at the Law Office of Robert Castro discuss what you should expect if you are arrested here in Maryland. Contact us by calling our number (301) 870-1200 or by using our contact page. We have offices in Waldorf, MD, and are available 24/7. Call now since delay can endanger your defense.

If you are arrested or about to be arrested, remember a couple of things. First, you have rights that are protected by the U.S. and Maryland Constitutions. So, for example, you do not have to answer questions asked by the police (and you should not answer questions asked by the police). Second, every person needs legal advice and counsel if they are arrested or about to be arrested. Here are a few things to expect.

Restraint and confinement

The first thing to expect when being arrested is some form of physical restraint. Usually, this is done with handcuffs, but law enforcement officers are increasingly using some form of zip cuffs. These are plastic strips similar to zip ties. Next, the person arrested will be confined. This is usually in the back of a police car. If the person arrested is generally docile, cooperative, and non-combative, the cuffs may be removed, but the confinement will continue in various forms.

Reading of rights

When a person is arrested, the police are required to explain some of the rights that are possessed by the criminally accused. This is generally called “reading the rights.” These rights include the right not to answer questions and the right to an attorney. Note that there are many more rights than just the ones read.

Booking or processing

The next step is called “booking” or “processing,” which actually involves several steps. To begin, the personal belongings of the person are taken, and an inventory is made, which might involve a strip search and the issuance of new clothing. Then there are methods of identifying the person arrested, including the taking of fingerprints and photographs. An arrest report of some sort is prepared, which may involve police questioning of the person arrested. If applicable, processing also involves testing procedures for things like DNA and blood alcohol/drug content.

Police questioning

Questioning by the police is ongoing. It begins before the arrest, when the person is actually arrested, when they are put in the police car, during processing, and so on. Anything and everything said in response to the questioning can be used in court. You should NOT answer questions about the crime you are alleged to have committed.

There may also be a formal “interrogation” of the suspect. Again, it is strongly advised not to answer any questions without your attorney being present. Simply say: “I want my attorney.” Say it over and over again.

Your phone calls

Towards the end (or after) processing, the police will allow the person arrested to make phone calls. It is often said that a person arrested gets only one phone call. But in Maryland, the police will allow several phone calls. The purpose of the calls is for the person arrested to contact a lawyer and/or a family member to let them know where they are. Phone calls are also used to arrange bail or a ride home if the person is expected to be released from custody.

Hearing before a Commissioner

Maryland uses a system of Commissioners for the first hearing after an arrest. A Commissioner is a judicial officer whose job is to hear, for the first time, why a person has been arrested, to decide any initial obvious legal challenges to the arrest, and to set release conditions (such as bail).

Waiting

In addition to all of the above, a person arrested should expect a lot of waiting.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.