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DAVID CLARK
Criminal Defense Attorney

Montgomery County Arrests

Before, during, and after an arrest, it is crucial that you understand your rights. Knowing your rights can help protect you from facing unnecessary charges and inconveniences. Read on to learn more about Montgomery County arrests and how an experienced attorney could help you. Call a dedicated criminal defense lawyer today.

Arrests Process in Montgomery County

Leading up to an arrest in Montgomery County, the police officers are building their case and certifying their evidence to a Magistrate Judge or in sworn documents provided to a judge. They are building a case that they think is sufficient and probable cause to arrest a person. While the targeted individual might not know it, the officers are investigating and gathering evidence so that they can have their case ready to go to the District Attorney. By the time the person is arrested or by the time they are processed from arrest and released, the police have already generated a significant amount of paperwork. The charged person needs to act quickly and speak to an accomplished attorney so they can start preparing their defense and explain their side of the story.

Arrests Following an Indictment

If a person has been indicted first, the charges have been filed against them based upon:

  • What the officers have found
  • What the witnesses have said to the officers
  • The statements that were taken

That summary of evidence has led the officers to prepare an Affidavit of Probable Cause and the judge approving that at the preliminary level. A warrant will then be sent out for their arrest. Whether the individual knows it or not, once that warrant is out for their arrest, if they are stopped or encounter police officers in some sort of government capacity or a government building, they might be arrested on the spot for having an open warrant. Similarly, they can turn themselves in or they can speak to a defense attorney who can navigate that process to get that warrant lifted or go with them to turn themselves in.

How Might a Person Know They Are Going to be Arrested?

In Montgomery County, a person will know that they are about to be arrested. If they are involved in a police interaction that is being prolonged and they are not free to leave, then legally speaking, they would be in custody. If they are sitting on the side of the road in handcuffs, in the back of a police car, or the police officers indicate they should not move, they are in the process of being arrested.

During these times, it is crucial that the individual is very careful about what they say and do. Many people feel the need to explain themselves at that moment. However, they may not get the full opportunity to explain themselves and what they say can be taken out of context as what they say definitely can be used against them in court. If they are in a prolonged police interaction and there is a chance they will be arrested, they need to be aware of whether they are exercising or waiving their rights at any moment in that conversation.

If they are not in a police interaction, but the police have notified them or their family at their residence, they may be trying to serve a warrant or trying to have them turn themselves in. In these situations, the person should contact a lawyer immediately. An experienced criminal defense lawyer could help the person turn themselves in, properly navigate the system, and get the individual released as soon as possible so that they can get back to their everyday life.

Rights During an Arrest in Montgomery County

When it comes to Montgomery County arrests, it is imperative that you understand your rights. For example, if a person does not believe the police have any reason to arrest them, they have the right to ask if they are free to leave. If they are being arrested, the police have to justify the continued interaction with the person or allow them to move on. The police might provide some information to them that they need to hold them for a specific reason. If they are an individual who is going to be identified as a doer of a crime, they may be held for some period of time, but they cannot prolong that past a reasonable point.

As a citizen, you have a right to not be encumbered by the police. However, the police do have a right to ask citizens basic questions. You also have the right to walk away if you do not know anything about why you are being detained. You have the right to not consent to a search, to not make a statement, and to ask for a lawyer. To learn more about your rights and the benefits of obtaining an attorney, call today.