There are two different types of arrests. There is a custodial arrest which is the type most often thought of when people hear the term. This means that a person is detained, placed in handcuffs, and removed to the local police department. However, there are also non-custodial arrests. This occurs when a person is given a misdemeanor summons or an infraction ticket and allowed to leave the scene without being processed at the local police department. With offices in Danbury & Wilton, we have extensive experience representing clients who have been arrested in CT, and we're ready to guide you through the process of resolving your case.
Custodial arrests can be from an ongoing or recently completed crime, or because the police have an outstanding arrest warrant issued by the court.
I will often times use the term "arrest" when speaking to potential clients who have been allowed to leave the scene, who then often respond with "Oh, I wasn't arrested, I just got a ticket." The term "arrest" is not really a technical term and can be used in any of these situations mentioned. I get many calls from people saying the newspapers said they were "arrested" but they really weren't and they want something done. Unfortunately, the newspapers use the term "arrest" very loosely.
Non-Custodial Arrest Means You Are Allowed to Leave the Scene
If you are arrested and allowed to leave the scene, then the next step for you is to appear in court on the date selected by the police officer and listed on the summons or ticket. If you have only been charged with an infraction, then you will be given a mail-in ticket which can be handled without ever having to appear in court. If you decide to plead "not guilty" and send the ticket in to the centralized infractions bureau, you will then get a court date assigned to you and you will be notified of that court date through the mail. If you fall into this category you can skip ahead to the information that follows about what you should do when you get court.
Custodial Arrest Means You Are Taken Into Police Custody
If you are not released from the scene and you have been brought to your local police department, you will then be processed and released on either a promise to appear, or a monetary bail. If you, or someone you know, cannot post the bail set by the police, or pay a bail bondsman to post the bail, then you will be brought to the next scheduled court date in that jurisdiction. Unless you are arrested on a Friday or the day before a holiday you will be brought to court the morning after your arrest. If the arrest took place on a Friday or the day before a holiday you must be brought to court the next day the court is open but in no case more than two days after your arrest. You will then have an arraignment hearing and the court has the option to leave in place, increase, or decrease the bail set by the police department. Most arraignments take place between 11:30 and 1:00.
Consult With an Experienced Criminal Defense Attorney After an Arrest
In either scenario, whether you are taken to jail or allowed to leave the scene of the arrest, it is in your best interests to consult with a criminal defense attorney as soon as possible. Contact us at Bayer & Black, P.C. to discuss your situation and let us guide you towards a resolution of your case.