Once you are arrested, you are typically transported to the police department or the county jail. At the police department or the county jail, you are searched, your personal items are inventoried and stored, and you are provided with a jailhouse uniform. A staff member at the jail will ask you questions about your personal information, inform you of the current charges you are being held on, inform you whether or not you currently have a bail set, and inform you of your first court hearing. Then, they will assign you housing.
What Rights Do I Have After I Have Been Arrested?
After you are arrested in a criminal case, you have several constitutional protections. First and most importantly, you have the right to remain silent and that right is guaranteed to you under the 5th amendment of the United States Constitution. You also have a right to bail. That bail cannot be excessive. Bail allows you to get out of jail between your arrest and your trial date and that right to bail is guaranteed to you under the 8th amendment to the United States Constitution. Another very important right, which is guaranteed under the 6th amendment to the US Constitution, is the right to a public and speedy trial and the right to have an attorney represent you in that process. You are guaranteed several rights and protections after your arrest, but these are some of the most important.
Will I Be Arraigned Before I Am Released From Jail?
Whether you are released before your arraignment depends on a few factors. Often, individuals are not in jail when they receive a notice of indictment. Many criminal investigations are pre-indictment and they do not result in an arrest until a grand jury returns an indictment. The types of cases where an individual is in jail at the time of his arraignment are as a result of an arrest that starts the criminal process. Your particular charge, when you receive notice of that charge, and whether you are able to post bail are all factors determining whether you are arraigned when you are in the county jail.
At What Point Should I Contact An Attorney After Being Arrested?
Contacting an attorney to assist you in your defense should be your number one priority. The advice and information provided to you by an attorney is invaluable and you should seek counsel immediately. Even if you are not formally charged but you are being investigated or questioned, you need to consult with an attorney. Without advice from an attorney, many individuals will fall victim to complicated law enforcement tactics and end up hurting their case. If you are in jail and cannot contact an attorney yourself, have a friend or family member consult with an attorney on your behalf. That attorney can then come visit you at the jail.
Can I Contact An Attorney Before Taking A Breath Or Blood test In A OVI Case?
In Ohio, you do not have a right to have an attorney present before you are subjected to field sobriety tests, breath tests, or blood tests. Courts in Ohio have consistently held that there is no constitutional right to counsel before taking these tests.
How Do I Know What To Do Next Once I Am Out Of Jail?
When you leave the jail, you are typically required to report to the local probation office during regular business hours within a few days of your release. If you are placed on house arrest, someone from that office will come see you at the jail prior to your release and they will affix a GPS tracking monitor to your person. You are provided with paperwork that will outline when your next probation appointment will be and your next court hearing. You are typically also in possession of your indictment or charging paperwork.
What Happens To My Physical License And Ability To Drive After A OVI Arrest?
In Ohio, when you are arrested and charged with OVI, you will not be able to drive home from the jail. Your car is towed at the scene of arrest and your license is physically taken and suspended by the law enforcement officer who has arrested you. Your license can be suspended at the time of the arrest if you consent to a field sobriety test or a breath test and the test results are over the legal limit, if you refused to consent to a field sobriety test, or a breath test. A BMV form 2255 must be executed properly and provided to you for that suspension to be valid.
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