What do you get arrested for

The interview gives you the chance to tell your side of the story. You should tell your legal adviser about your mental health.

They will think about whether this could have played a part in the crime the police think you have carried out. The legal adviser should discuss with you if you should answer police questions.

Or give them a written statement. Even though you have the right to remain silent, this can be held against you if your case goes to court as we discussed in the previous section. The legal adviser and appropriate adult are there to support you.

They can ask for breaks if they feel you need one. They can interrupt the police if they think you are becoming distressed from questioning. After you have been arrested, there are a few things that can happen. Below are some things below that mean you do not need to go to court.

The police can charge you without going to the CPS for some offences. Some of these offences include:. Being charged is when you must go to court. If this happens you can plead guilty or not guilty. If you plead not guilty there will then be a trial.

The police can only issue a caution if you admit that you are guilty. You have to agree to the caution. A caution goes on your criminal record but is not a criminal conviction.

But courts can refer to them if you commit a further crime. So it is important that you get legal advice before accepting a caution. A caution can show up on a criminal record check. The police can give this to anyone over 10 years old. There are only certain times you can get a conditional caution so ask your legal adviser. These conditions must be completed within 16 weeks. If you do not meet the conditions, you may need to go to court for the original crime.

Police bail Police bail is when you are a suspect in an investigation into a crime. But the police are temporarily releasing you. You can leave the police station but there has been no final decision made about what will happen in your case. The police may need to do more investigations, or the CPS may need more time to decide if they will charge you.

You must return to the police station when you are told to or you will be in breach of bail. And the police could arrest you again. This means that you do not have to attend the police station again on a certain date. But the police investigation is still ongoing. You will have been given a notice when released from the police station which sets out some further guidance on what it means to be released under investigation. Charge and bail If the CPS feels you should be prosecuted in court, the custody sergeant will charge you for a specific crime.

The appropriate adult must be there when they do this. If you are charged, you should apply for legal aid as soon as possible. The police should let you leave the police station on bail until your court date. The police can decide not to grant bail if they think you:. If the police keep you at the station, you will usually go to court the following morning.

Your legal adviser could talk to the police about the effect being held would have on your mental health. We have factsheets that look at many areas of the criminal justice system. We have named some in these factsheets. But there are some others below which you may find useful. Telephone : or Email : enquiries cps. UK They provide useful information on crime and policing in your area. Website : www. They support and represent organisations to deliver appropriate adult services in England and Wales.

They have lots of information on the role of the appropriate adult on their website. Donate Search Menu. About us About us. See our contacts page Looking to contact us? Covid support. Supporting yourself Read more Supporting yourself. Covid information hub See all pages Covid information hub. Help in your area. Find peer support online Visit the Clic website Find peer support online.

Advice and information. Contact our advice service today Need more information? Get involved. Become a campaigner Sign up today Become a campaigner. Get help now. Police stations - what happens when you are arrested This section looks at what happens at the police station when the police think you have committed a crime. If you would like more advice or information you can contact our Advice and Information Service by clicking here.

Download Police stations - what happens when you are arrested factsheet. Share: Contact us:. Overview You can be taken to the police station because the police arrest you for committing a crime. The police can also take you to the police station as a place of safety if they are worried about your mental health. Everyone who has been arrested has three basic rights. You can get free legal advice, ask the police to let someone know you have been arrested and look at the police Codes of Practice.

If you are vulnerable, you should have an appropriate adult with you at the police station to help you understand what is going on. If you have mental health problems, the police should deal with this sensitively. They should get you an appropriate adult.

And ask a medical professional to see you. Need more advice? If you need more advice or information you can contact our Advice and Information Service. Contact us Contact us. Police station Why might I be taken to the police station? You might be taken to the police station if police think you have committed a crime.

You can find more information about: Section by clicking here. Section by clicking here. If the police arrest you, you have the right to: get free legal advice, ask the police to tell someone you have been arrested, and look at the Codes of Practice.

This is a book about what the police can do and how they should do things. Police officers Police officers have different ranks depending on how much experience they have. Custody sergeant The custody sergeant allows someone to be held at the police station. They will: tell you your rights, decide if you are vulnerable because of your mental health, or need an appropriate adult. The custody sergeant is responsible for all the people in the cells of the police station.

A legal adviser This is someone who is trained to advise you if the police think you have committed a crime. Appropriate adult A family member, friend or, more often, a volunteer or care worker can be an appropriate adult. The police should call an appropriate adult who can look after your interests. Health care professional HCP This is someone who is a medical practitioner like a nurse or paramedic. The police can ask an HCP to see you if you need medical care.

For example, if you: appear to have a physical illness, are injured, appear to have a mental illness, appear to need medical help, or are suffering the effects of alcohol or drugs.

Social worker or community psychiatric nurse If you have been in contact with the police before they may know about your mental illness. You can find more information about: Appropriate adult by clicking here. Legal advice by clicking here. Criminal courts and mental health by clicking here. Arrest process What is the process of being arrested and held at the police station? Arrest Arriving at the police station Searching and taking samples Meeting the legal adviser and appropriate adult Interview After the interview Timings Decision to prosecute After 24 hours at the police station Arrest Someone may have told the police that there has been a crime or think one is about to happen.

Arriving at the police station The custody sergeant will meet you at reception. The police have the right to take photographs of you. Searching and taking samples The police may want to search you if they think you might be hiding something. These include: there must be at 2 people with you during the search, these people should be the same sex as you, your appropriate adult should be with you, and the search must be done with dignity and sensitivity. If you are arrested and charged with a crime, you are entitled to the assistance of an attorney.

You should contact an experienced criminal defense attorney or the local public defender's office to talk about your case. An attorney will be able to tell you how your case is likely to fare in court and what to expect as you navigate the criminal justice system. Working with a good attorney is the best way to protect your rights and obtain the best possible outcome in your case.

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Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm. Lawyer Directory. Call us at 1 What is an Arrest? An officer can only arrest a person if: the officer sees the person commit a crime the officer has probable cause reason to believe that the person has committed a felony any crime punishable by state prison , or a judge or magistrate has issued an arrest warrant, supported by probable cause.

Do Not Use Force In the overwhelming majority of situations, one does not have the right to resist arrest. After the Arrest If you are arrested, you will be searched — either at the scene or at jail, or both — and any contraband or evidence will be seized.

Invoke Your Rights You have the right to remain silent and the right to an attorney. Call For Help In most states, you are entitled to a phone call to your family, a bail bondsman, and an attorney. Obtaining Legal Assistance Being arrested can be unpleasant and stressful. Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. The officer could also take a breath or blood sample to test for blood alcohol content.

Investigations can also begin when a victim or witness reports a suspected crime. In these cases, officers will interview witnesses, collect physical evidence like fingerprints, carpet fibers, and bullet casings and biological evidence such as blood, hair, and bodily fluids.

Officers document their investigations with photographs, videos, and written reports that they submit to prosecutors. See below for a discussion of how prosecutors use the evidence gathered by investigators to make charging decisions. An arrest occurs when a person, usually a law enforcement officer, uses legal authority to restrict a suspect's freedom of movement. Probable cause is the key issue in the arrest process. The police need probable cause to make an arrest or obtain an arrest warrant from a judge.

Generally, probable cause requires more than mere suspicion that a suspect committed a crime but not proof beyond a reasonable doubt. Probable cause is a reasonable belief in the suspect's guilt, based on the facts and information prior to the arrest. Judges decide whether there is probable cause to issue an arrest warrant on a case-by-case basis. To make a lawful arrest without an arrest warrant, officers must not only have probable cause, but they must prove that the arrest was immediately necessary.

A person who is not a sworn officer may make a citizen's arrest, but valid citizen arrests are rare. The civilian typically must witness a perpetrator commit a misdemeanor, or have reasonable cause to believe the perpetrator committed a felony.

People should exercise care if they decide to make an arrest. A wrongful arrest could lead to criminal charges and a civil lawsuit for battery and false imprisonment. As discussed above, officers summarize their investigations in reports and present those reports and related evidence to prosecutors. Prosecutors review the reports and decide what, if any, criminal charges to file. Prosecutors describe the criminal charges against a person and the factual basis for those charges in a charging document filed with the court.

Charging documents are called "complaints," "informations," and "indictments. In the federal system, the U. Constitution requires that for potential felony charges , a prosecutor presents the evidence to an impartial group of citizens called a grand jury.

The grand jury listens to the evidence. If the grand jury concludes that there is probable cause to believe that an individual committed a crime, the grand jury will issue a charging document known as an indictment.

The grand jury is a constitutional requirement only for felony crimes prosecuted by the federal government. States have grand juries, which prosecutors sometimes use, but more frequently, prosecutors initiate court proceedings by way of a complaint. Once the prosecutor has obtained an indictment, or written a complaint or information, a judge will issue an arrest warrant for the defendant. A felony complaint typically requires a preliminary hearing in front of a judge. In most states, if the court decides after the preliminary hearing that there is probable cause to believe the defendant committed the crimes alleged in the complaint, the court will advance the case.

See below for more information about preliminary hearings. Both an indictment and a typical information signify a finding by a neutral third party grand jury or judge that there is a factual basis for criminal charges. Shortly after defendants are arrested and charged typically within 48 hours , they appear before a judge for an initial hearing on the case. In some states, these initial hearings are called arraignments. At an initial hearing or arraignment, defendants learn more about their rights and the charges against them.