Arrest is when a police officer takes you into custody (legal protection and control), often by handcuffing you. This is usually because he or she has seen you commit a crime or has probable cause to believe that you have committed one. The constitutional requirement that the police have probable cause before they arrest you prevents them from randomly rounding up “undesirables.”
Once an officer has arrested you, he or she will present the case to the District Attorney’s office to determine whether or not to file charges against you. The DA’s office will then arrange for your arraignment, your first court appearance.
It is very important that you do not resist when being arrested. Fighting with the police will only make your situation worse and may result in additional criminal charges. The time to fight with the police is in court with your attorney at your side.
You have a right to remain silent and to have your lawyer with you during questioning. If you do not have a lawyer, the courts will provide you with one for free. Before the arraignment, you have a right to a hearing to discuss your legal options. You can also choose to plead guilty or not guilty during arraignment. In many cases, if you have a good defense, the DA will offer a plea bargain, which may reduce the charges you face and the jail time you could get if you are convicted.
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