Criminal processing begins when a suspect is arrested and ends when they are charged with a crime. After that, the judicial process begins, and various court hearings are scheduled. Although criminal processing happens early, it is a crucial component of the justice system.

Criminal processing begins at the arrest. While some defendants are aware they are under criminal investigation, others are taken by total surprise when they are arrested. The police need a warrant or a valid exception to the warrant requirement to execute an arrest. After your arrest, you are brought to the police station for booking. Booking involves fingerprinting, mug shots, and verifying your identity before moving on. After booking, you may be interrogated by the police. If so, they must read you your Miranda rights. Prosecutors have a limited amount of time to press charges, and then you must have a preliminary arraignment.

Our Philadelphia criminal defense lawyers can advocate for your rights throughout processing. For a free case review, call The Liberty Law Team at (215) 826-3314.

The Arrest Process in Philadelphia

Some defendants are aware that they are under criminal investigation before being arrested. In such a case, you should call a lawyer for help immediately to begin preparing for your arrest and other criminal processing. Other defendants have no idea an arrest is coming and are shocked when the police knock on their door.

Arrest Warrants

The police must have a warrant or a valid exception to the warrant rule for any arrest. An arrest warrant is issued by a judge or magistrate and is based on probable cause collected by law enforcement. The police must present their probable cause to a judge or magistrate, and if convinced there is enough evidence to support the arrest, the judge will sign the warrant.

Probable cause must be something articulable. The police cannot go to a judge and claim they have a strong hunch about a suspect and want to arrest them. They must present probable cause that a crime has happened, is happening, or likely will happen soon. They must also present probable cause that the suspect they wish to arrest is the one who committed or will commit the crime. In short, they must have articulable evidence. While the police do not have to have all possible evidence or even enough evidence to justify criminal charges, they must have enough evidence to constitute sufficient probable cause to arrest.

Probable cause might involve almost any kind of evidence. Physical evidence, testimony or statements from witnesses, and information about what police officers have personally observed may all be considered probable cause, depending on the situation.

Warrantless Arrests

You might be arrested without a warrant, but that does not mean the arrest is unlawful. Many exceptions to the warrant requirement exist that allow the police to take suspects into custody without a warrant. For example, if a police officer witnesses a suspect commit a crime, they do not need a warrant to arrest. If you are arrested without a warrant, our Northeast Philadelphia criminal defense attorneys can check if the exception used by the police was valid. If not, we may work to suppress any evidence gathered under the illegal arrest.

Another possibility is that the police can arrest someone without a warrant if they are in “hot pursuit.” Hot pursuit is like a police chase. While we often think of chases on the highway (e.g., the infamous high-speed chase of O.J. Simpson in his white Bronco), hot pursuit may also involve chases on foot.

Additionally, the police may arrest suspects in domestic violence disputes or incidents without an arrest. Due to the unpredictable and volatile nature of many domestic violence incidents, the police are allowed to arrest a suspect connected to alleged domestic abuse or violence without a warrant if there is enough probable at the scene to make law enforcement officials reasonably believe that the suspect is the predominant aggressor.

If the police arrested you without a warrant, they will likely claim some sort of exception. For the exception to apply, the police must prove how your situation fits the exception. If they cannot, your arrest may be deemed unlawful.

Search Warrants and the Philadelphia Arrest Process

How do the police even obtain probable cause to support arrest warrants? In many cases, they obtain search warrants to allow them to find evidence in places they would ordinarily not be able to search. Under the Fourth Amendment, you must be protected from unreasonable searches and seizures. The police cannot search your home or other places where you have a high expectation of privacy without a search warrant issued by a judge.

A search warrant, like an arrest warrant, requires probable cause. Police must show that they have reason to believe a crime has been committed and that evidence of the crime is likely to be found on your private property. The police may only search areas mentioned specifically in the warrant. The warrant should also explain what kind of evidence the police believe they will find.

Again, an exception to the warrant rule might allow the authorities to search for or seize evidence without a warrant. For example, if the police are lawfully present in your home (e.g., you or someone who lives with you allowed them inside) and evidence is in plain view, the police may seize it without a warrant. Evidence seized without a warrant or an exception to the warrant rule may be tainted and excluded from your trial.

Booking and Criminal Processing in Philadelphia

After being arrested, a defendant will be taken into police custody at the police station. It is here that intake into the prison system begins. Booking involves numerous steps to verify the defendant’s identity and collect information for law enforcement’s records. Our Montgomery County criminal defense attorneys can help you assert your rights during this process.

During booking, the police will take your fingerprints. Your fingerprints will remain in the police system forever, whether you are charged or released. If you are ever arrested again in the future, you can be matched to police records through fingerprinting. If the police find your fingerprints at a crime scene, officers may match the prints to those in their database.

The police will also take various points of biographical information about you. Typically, your name, date of birth, physical characteristics, and general background information may be taken by law enforcement. You do not have the right to remain silent when the police ask you for basic identifying information.

During booking, you will have your mug shot taken. This is the photo police attach to your records and use to help identify you. Your mug shot might end up in a photo array used by the police to allow witnesses to identify suspects. If you are arrested more than once, a new mug shot will probably be taken each time.

Once the police have verified your identity, they will assign you a prisoner identification number (PID). This number is unique to you and is used to track you throughout the prison system. Your family should also have this number to keep track of where you are and what is happening with your case.

Criminal Processing and Police Questioning in Philadelphia

After you are arrested and booked, the police may question you about the alleged offense. Before doing so, the police must read you your Miranda rights. These rights consist of remaining silent and having a lawyer present. You should invoke these rights and wait for our Delaware County Philadelphia criminal defense attorney to arrive to help you.

Your Miranda Rights

If you have ever seen a police drama on TV, you have like heard your Miranda rights. These rights often begin with the phrase “You have the right to remain silent” and are often repeated to defendants upon arrest. What you might not know is that the police are required by law to repeat these rights in their entirety to a defendant before custodial interrogation may begin.

Custodial interrogation occurs when a suspect is within police custody and not free to leave. The police may ask questions about an alleged offense, and those questions are usually intended to elicit incrimination information about the suspect’s involvement with the alleged crime. If you believe you were put through custodial interrogation but were not informed of your Miranda rights, tell your attorney immediately.

Anything you say to the police can be used against you in court. It is wise to remain silent until you can have an attorney by your side guiding you through this process. However, if the police do not Mirandize you or coerce your answers, any incriminating information can be suppressed. Suppressed information and evidence cannot be used against you in court.

What to Do in Case of Miranda Violations

If your Miranda rights were violated, alert your lawyer immediately. Pinpoint where and when the violation occurred. Were you not informed of your Miranda rights, or did the police make you continue with questioning after you demanded a lawyer or asked to stop? Did you try to assert your rights, or did you feel pressured to give in to police demands? If the police managed to obtain incriminating information by violating your Miranda rights, your attorney can work to make sure that information is not used against you, as it is considered legally tainted.

We can file a pretrial motion to exclude incriminating information obtained by the police when they violated your Miranda rights. This might be only some minor details you divulged to law enforcement. In some cases, entire confessions are excluded.

When Are You Charged During Criminal Processing in Philadelphia?

There is a relatively short window of time that prosecutors have to charge you with a crime after you are arrested. Generally, prosecutors have no longer than 72 hours to charge you, although there may be circumstances where prosecutors can get extra time. Being held longer than necessary before charges are assessed is a violation of your rights.

Call our Philadelphia criminal defense attorneys immediately if you or a loved one has been held for longer than 72 hours without charges. An attorney can argue for your release. Being released without charges does not mean you cannot be charged. The police may re-arrest you if they gather more evidence to support charges, and you should prepare for this possibility with an attorney.

Preliminary Arraignment and Criminal Processing in Philadelphia

The preliminary arraignment often happens within a few hours of your arrest. It is here that your charges are formally read, and bail is determined. This process is usually somewhat quick, but it is still important to have a lawyer present. Our Philadelphia criminal defense lawyers can advocate for the least restrictive bail possible and hopefully get you home to your family.

At this hearing, a preliminary hearing date is scheduled for felonies, and a trial date may be scheduled. This is generally where criminal processing ends and preparations for your next hearing begin. However, if your Miranda rights or other rights were violated when you were arrested or questioned by the police, your lawyer can immediately begin working to defend you.

Call Our Philadelphia Criminal Defense Attorneys for Help

If you or someone you care about has been arrested, you should contact our Bucks County criminal defense lawyers immediately. We will help you protect and assert your rights throughout criminal processing. For a free case evaluation, call The Liberty Law Team at (215) 826-3314.