As a citizen of the United States you have many rights even when charged with a crime. Upon arrest it is required that you are made aware of your Miranda Rights. You will be told that you have the right to remain silent or your words will be used to prosecute you. You should take that advice seriously and say nothing until you have spoken with a criminal attorney.

Your arresting officer will take note of all the circumstances and evidence collected at the time of the arrest. The police officer will decide what your preliminary charges are but that is not the final word. After you are processed, you will either be offered the standard bail amount or have to wait to see a judge who will set your bail. Bail is nothing more than an insurance policy between you and the court. It is designed to ensure you appear for subsequent hearings thus causing a refund of the bail amount. If you fail to appear the bail is kept and a warrant is issued for your arrest. Bail is supposed to be a reasonable amount according to the 8 th amendment of the Constitution. It cannot be used to raise proceeds for the court’s budget. In some instances of violent crime the judge will charge a high enough bail that the defendant will not be able to pay thus keeping them in jail. There are many who believe this violates the rights of the accused but that has yet to be resolved. It may be possible depending on your past and your community standing to be let out without posting a bond. The court will take into account if you are a homeowner and have been employed. If you have no criminal history or if you have a criminal past that you have handled responsibly the judge will take that into account. The prosecutor’s office has generally about 72 hours to formally charge you with a crime but those charges may be altered if need be. If the crime is a felony, they must present the evidence to a grand jury for approval. The level of proof does not have to be high to get the indictment. Once your criminal attorney knows what the charges are you can start preparing your defense. The burden of proof lies with the prosecutor but you must be able to deflect or bring doubt to all their points. A criminal lawyer can fight the charges, negotiate for a reduced sentence or assist you in pleading guilty.