In short, no. You have the right to be informed of charges brought against you. They have 72 hours to do that. So essentially, you have a right to see the judge and be told what the State has ultimately decided to charge you with (if anything). But when the officer places the cuffs on you, you do not have to be told why.
Take a look at the paper the police gave you. If it says “SUMMONS” any where, you’re likely being charged with a crime. Police are not required to arrest you if they want to charge you with a crime. A perfect example is being charged with possession of marijuana. Many officers will just write you a summons and tell you that you’ll have to appear in Court in the near future. You’re still being charged with a crime, which ranges in penalty ranges in Indiana. But this can still result in a conviction and hurt your future. If you’ve received a summons, call our experienced attorneys now to protect your rights.
You’ll be brought to your county jail to be processed. Depending on your county, you may see a judge quickly. You may also have to wait until the next business day to see a judge.
Unless you’re charged with murder or treason, you have a right to bond for your offense. The law merely says that is has to be “reasonable.” In general, expect bond to be set anywhere from $250-2500. There are many factors that influence bond, including the facts of your arrest, your criminal record, whether you’ve failed to appear for court before, whether you’re from out of county or out of state, etc. The Court is trying to determine 1) whether you’re likely to commit another crime and 2) whether you’re likely to appear for court.
IF YOU’RE NOT CHARGED THAT DAY…
Police have 72 hours to charge you before they have to release you. You may be able to bond out immediately, depending on the County. Other counties no bond is imposed until you see a judge, which may take hours or days.
IF YOU’RE ARRESTED IN MARION COUNTY, INDIANA
Even for minor offenses, do not expect to be released from custody for around 24 hours from your arrest. Yes, you read that correctly. Due to the volume of people arrested, inefficiencies in the system, and a variety of other factors, you may sit in jail for a while even if you’ve posted your bond.
We have had great success in accelerating an individual’s release but it certainly cannot be guaranteed.
This is also known as the statute of limitations. In general, the State has 2 years to charge you for a misdemeanor. The State has 5 years to charge you for many felonies. There are some exceptions where the State has NO time limit to charge you. Call for a consultation on this and other issues.
YES! They can say whatever the heck they want to you. In fact, some officers will try to trick you into saying something that will hurt you. We’ve seen officers lie, saying that a friend just gave you up and put the whole crime onto you, but it was entirely untrue! But if you think your friend just put the whole offense on you, you’re much more likely to take the heat and move on.
No! The only thing we tell our clients to say is their Name, Address, and Date Of Birth. The only other thing out of your mouth should be “I want a lawyer.” Be polite. Be respectful. But don’t talk.