PART 1 - THE ARREST
if you get arrested, here's what you do:
First: DON'T PANIC.
I know this is far easier to say than do but it is very important that
you try and stay calm, cool, and collected. When you are detained or
being arrested, the police will ask a lot of questions. They will inform
you of the procedures surrounding your arrest. If you are not paying
close attention and staying focused you will not understand what is
happening which will make the process worse: more frightening, longer,
and may actually hurt your case. Remember, although you have been
arrested, it does not mean you are guilty of committing a crime. The
officer has opined that you have broken the law, but it is not a fact or
a truth. But, now is not the time to argue with the police officer.
Second: DON'T TALK.
I strongly advise my clients to give the police officer only your
identifying information: your name, SS#, and DOB. Otherwise, do NOT
answer the officer's questions without me or an attorney being present.
You may think by cooperating with the police they will not arrest you.
However, in my experience, there is only a very very small chance that
you will be released. And that small chance of being released is far
outweighed by the harm you do to your case by talking to the officer.
Do
not tell the officer what you do for a living or your employer. If you
provide this information it will be publicly displayed on the
Hillsborough County Sheriff's Office public access website for all to
see. Local media outlets scour the arrest reports multiple times a day
to see who has been arrested and if it is newsworthy. If they deem you
or your arrest is newsworthy, they may print it in the local newspaper
or online. Additionally, the police officer may call or notify certain
employers if an employee is arrested (i.e., School Board, Military,
etc.).
Third: BONDING OUT.
If arrested, you will be brought to the jail and during processing, you
will be told the bond amount. This is the amount of money that you must
pay to be released from jail.
To
bond out (i.e. be released from jail), you can pay the entire cash
amount and be released from the jail. Or, you can hire a bondsman.
Customarily, you will pay a bondsman 10% of the bond amount and the
bondsman will pay the Jail the balance. You will never get that 10%
back. The bondsman may require collateral (e.g., title to your house or
your car) for the remaining bond amount. (Many bondsman no longer
require collateral and just require the 10% as their fee.) Some offenses
carry an automatic NO BOND status and you cannot bond out of jail until
you see a Judge the next day. If you get arrested and booked into the
jail before 11:59 pm, and you don't or cannot bond out, you will see the
Judge the next morning on the video monitor. However, if you get booked
into the jail after 12:00 am, you will not see the Judge until the
following morning.
Fourth: JAIL MONITORING.
Remember, the phones at the jail are recorded and anything you say on
the phone can be used against you in Court. Additionally, your fellow
jail inmates are not your friends. Do not talk about the facts of your
case on the phones or with anyone at the jail.
Finally, DON'T DELAY. The sooner you know about the legal process and the timeline for your case,t he sooner you can relax, get back into your normal routine, and feel confident your case is being professionally and expertly handled.
Finally, DON'T DELAY. The sooner you know about the legal process and the timeline for your case,t he sooner you can relax, get back into your normal routine, and feel confident your case is being professionally and expertly handled.
Time
is of the essence. If you get arrested, you should call me, Andrew
Shein immediately. Each case has its own set of unique facts and
circumstances which may require immediate action by me in representing
you and to preserve your rights. The sooner we can discuss your case the
quicker we can set in motion the game plan for showing your arrest was
without legal justification or to minimize the consequences of your
arrest.
As always, you can call me ANYTIME at (813) 877-HELP (4357), text me at (813) 833-4200, email me at sheinlaw@hotmail.com , or get more information about the law at www.AndrewShein.com.
Be well!