An arrest is a scary and bewildering experience, especially when you know little about the legal system. In San Antonio, just as elsewhere in Texas, the process after an arrest is governed by state statutes and regulations intended to safeguard your rights and the public.
However, after an arrest in San Antonio, the following process can be complicated, confusing, and even a bit overwhelming without advice from a knowledgeable professional. Additionally, it is important to know that each step in the legal process, from arrest to potential trial and sentencing, has the potential for serious consequences on your future.
Thus, if you know what to anticipate after being arrested, you will be better able to navigate the system and make appropriate decisions about your defense. This article provides a step-by-step summary of the legal process after an arrest in San Antonio, beginning with booking and moving on to trial, and highlights significant information you should be aware of.
1. Arrest and Booking
The first thing that happens after the arrest in San Antonio is booking. The suspect is taken into custody by the police here and has their details recorded, which include name, address, and birthday. The suspect is also photographed, fingerprinted, and frisked for hidden materials. The crime is formally charged, and the suspect is placed in a holding cell. This is critical as it legalizes the arrest and initiates legal processes.
Remember that, at the time of booking, the suspect still has the right to be silent and request a San Antonio Criminal Defense Attorney. Early legal counsel is highly probable to impact the outcome of the case since the attorney is in a position to counsel on rights, potential defense, and the legal process.
Hence, your attorney will be able to guide you through the legal process, protect your rights, and help you develop a solid defense. For example, when you’ve been arrested for driving under the influence, your attorney can dispute the accuracy of the breath analyzer or the constitutionality of the traffic stop.
2. First Court Appearance Magistrate Hearing
The suspect should be produced before a magistrate within 48 hours of arrest. This is a crucial procedure where the suspect is read about the allegations brought before them, warned of legal rights, and a decision on bail is issued regarding whether to grant or not. In determining this, the magistrate will consider the allegations’ seriousness, the suspect’s criminal history, and the suspect’s community bonds.
If bail is granted, the suspect can pay it and is released until the next court date. The suspect is kept in custody until the hearing if bail is not granted. This is usually the suspect’s first chance to speak with the attorney and start working on a defense.
3. Bail or Detention
If bail is permitted, the accused might pay the full amount or use a bail bond agent to be released. Bail bondsmen usually charge a non-returnable fee (10-15% of the total bail) and collateral. Once bail is paid, the accused is set free but is expected to comply with all court appearances and other conditions set by the court, i.e., curfews or regular appearances before a probation officer.
If the suspect cannot pay bail or bail is forfeited, he is imprisoned until his case is heard. Depending on the kind of case, this might take weeks or even months. Meanwhile, the suspect’s attorney can concentrate on securing a bail reduction or preparing for the following stages of the procedure.
4. Arraignment and Plea
Arraignment is the second step in the process, and you will be formally charged and asked to plead. You can plead not guilty, guilty, or no contest. The not-guilty plea is your assertion that you will not defend yourself on the charges, and the matter will be tried. The guilty plea acknowledges the charges and waives your right to be tried.
A no-contest plea means that the defendant is not guilty of the crime but is willing to accept the following punishment. You must discuss this with your attorney before you make your plea, as it will significantly impact the disposition of your matter.
5. Pretrial Motions and Disburse
Before you appear in court, your attorney can file pretrial motions in opposition to evidence produced in opposition to you or in seeking the dismissal of a charge. For example, where your proof is illegally acquired, your attorney can file a suppression motion of the evidence.
Additionally, the prosecuting and defense attorneys exchange information and evidence about the case via the discovery process. This is helpful since it allows your attorney to develop a sound defense plan using the evidence that has been generated.
6. Plea Bargaining
More frequently than not, the state will make you a plea bargain, a bargain where you plead guilty to a less serious crime in exchange for less punishment. Plea bargains serve in that they usually result in an earlier outcome and less punishment.
However, it is worth discussing with your attorney the advantages and disadvantages of accepting a plea bargain. In certain situations, a trial is the better choice, especially where the evidence is not so strong.
7. Trial
If your matter goes to court, your defense and the prosecution will state and plead your case before a jury or a judge. The state must prove you guilty to a reasonable certainty, which is a very high burden to meet.
Your attorney will examine the witnesses, challenge the state’s evidence, and introduce your defense. You will be acquitted, and your matter discharged should you be innocent. You will be sentenced, and your matter will proceed to sentencing should you be guilty.
8. Sentencing and Appeals
If you’re convicted, the court will sentence you based on your crime’s seriousness, criminal history, and other factors. The penalties range anywhere from probation and a fine to time in jail. Once sentenced, you can appeal your conviction on the grounds of legal errors at your trial.
However, an appeal is not a retrial; it is a review of your trial process to determine if legal errors were made that affected your outcome.
Conclusion
The legal process following an arrest in San Antonio can be daunting and complex. However, if you know what to expect, it will no longer be so. Every phase requires sound decision-making and careful planning, from booking and bail to trial and sentencing.
Note that a seasoned Criminal Defense Attorney working on your behalf will significantly influence your outcome. If you or a loved one has been arrested, getting legal counsel as quickly as possible is critical to solidifying your rights and defense.
