If you've been arrested in Miami or Miami-Dade County, understanding what happens next can help reduce uncertainty. The process typically follows several steps, and knowing what to expect can be helpful.
The Booking Process
After an arrest, you'll be taken to a police station or jail facility for booking. This involves recording your personal information, taking photographs and fingerprints, and conducting a background check. You'll be searched, and any personal belongings will be inventoried and held. The booking process can take several hours depending on how busy the facility is.
Miranda Rights
You have the right to remain silent and the right to an attorney. If police question you, you can invoke these rights. Anything you say can potentially be used against you in court. It's generally advisable to wait until you have legal representation before answering questions, except to provide basic identifying information.
Holding Period
After booking, you may be held in a holding cell or jail facility. The length of time depends on various factors, including the nature of the charges, whether bond has been set, and court schedules. In some cases, you may be released on your own recognizance or with a citation. In other cases, you'll need to go through bond court.
Bond Court
If bond hasn't been set, you'll typically appear before a judge in bond court, usually within 24 hours of arrest. The judge will consider factors such as the nature of the charges, your criminal history, ties to the community, and flight risk when determining whether to set bond and at what amount. Some charges may have preset bond amounts, while others require judicial determination.
What NOT to Do
After an arrest, avoid discussing your case with anyone except your attorney. Conversations in jail may be monitored, and statements you make can potentially be used against you. Don't try to explain your side of the story to police without legal counsel present. Don't sign anything without understanding what it is and consulting with an attorney first.
If you're facing criminal charges, speak with a qualified criminal defense attorney who can advise you based on your specific situation. For more information, see our FAQ page or contact our office for a Free Consultation.