Being arrested can feel incredibly frightening and overwhelming. It might feel as though the odds are stacked against you, but you have legal rights that the authorities cannot violate. Get a lawyer as soon as possible to better protect yourself.

Immediately following an arrest, a suspect may be taken to the police station and booked into custody. This typically involves fingerprinting, identification, and getting some basic information about the suspect. After that, the suspect may be questioned about the alleged crime, but they do not have to answer and may demand a lawyer be present if they do answer questions. If you are charged, you will have a hearing before a judge very shortly, followed by a preliminary hearing and a more formal arraignment not long after.

Get a private, free case evaluation regarding your charges by calling our Philadelphia criminal defense attorneys at the Liberty Law Team at (215) 826-3314.

What Happens Immediately Following an Arrest in Philadelphia?

Following an arrest, you may be taken to the police station, detained, and questioned about the alleged crime. Although this may be a very frightening and difficult process, you should focus on getting an attorney as quickly as possible.

Booking and Questioning

Perhaps the first step after an arrest is the booking process. This involves photographing the suspect, taking their fingerprints, and obtaining basic information, such as their name and address. Much of this is to ensure the suspect’s identity and is not necessarily designed to incriminate.

After booking, you may be questioned about the offense for which you were arrested. It can be tempting to immediately tell your side of the story to the police in the hopes that they will let you go, but this is unwise. Anything you say can and will be used against you.

Before questioning, the police must inform you of your Miranda rights, which include the right to refuse to answer questions and the right to have a lawyer present if you do answer questions. Invoke these rights immediately.

Detention

Depending on the evidence obtained by the authorities, including any information you provide during custodial interrogation, prosecutors may decide to press criminal charges. If this happens, you will be detained until you can be brought before a judge in your first hearing to determine bail and several other key aspects of the case.

If you have not called a lawyer for help, make sure you do before your first appearance in court. The sooner you get a lawyer, the better.

Charges

After being arrested, prosecutors may decide to press charges, but these might not necessarily be the charges you end up fighting in court. Often, prosecutors will overcharge defendants, within reason, and possibly reduce the charges if the evidence is not as strong as they hoped.

You will not be formally advised of your charges until later, and you may have some pretrial hearings to determine what charges should stick. Our Philadelphia criminal defense lawyers can help you challenge these charges early and, hopefully, get some charges reduced or knocked off your case before trial.

What Happens After a Defendant is Criminally Charged in Philadelphia?

After prosecutors decide to press charges, you will quickly be brought before a judge, and the trial process officially begins. If you still do not have a lawyer at this point, ask the judge if you can have more time to hire a lawyer.

Preliminary Arraignment

The first hearing after you are arrested and charged is the preliminary arraignment. This hearing happens very quickly and is often scheduled within 24 hours of a suspect’s arrest. At this hearing, the judge advises you of the charges against you.

Next, bail may be determined. Generally, courts in Philadelphia have moved away from cash bail, and many defendants do not have to pay money to secure pretrial release. However, cash bail is still possible if no other restrictions are sufficient to ensure the defendant’s appearance in court.

Once bail is determined, the court may schedule your next hearing.

Preliminary Hearings

Your next major hearing may be a preliminary hearing, depending on your charges. This hearing is typically reserved for defendants facing only felonies or a mix of felonies and misdemeanors.

At this hearing, the prosecutor must establish a prima facie case. This means they must show that there is enough evidence for the case to go to trial on your charges. If the evidence is insufficient, we may urge the judge to dismiss the charges.

You have the option to waive your right to this hearing, and you can discuss this option as part of your legal strategy with your lawyer.

Formal Arraignment

After a preliminary hearing, if you have one, you will be formally advised of the charges at the formal arraignment. Remember, if you had a preliminary hearing, your charges may have changed since your preliminary arraignment.

You will also be given the chance to enter a plea. If you want to fight your charges, you should plead guilty. However, you may instead plead guilty if we can work out a plea deal with prosecutors to reduce your charges. Whether you accept a plea deal is up to you, and you should discuss this option with your attorney.

FAQs About What Happens if You Are Arrested in Philadelphia

What Happens During an Arrest in Philadelphia?

During an arrest, the police may approach you almost anywhere and take you into custody. This is not a voluntary process, and the police will use force if you resist. You may then be taken to the police station and booked into custody before questioning.

What Happens After I am Taken into Police Custody in Philadelphia?

After you are taken into custody, the police may take a mug shot, fingerprints, and obtain basic information about you to properly identify you. You may be questioned about the alleged crime while in custody, but you do not have to answer. If you choose to answer questions, you have the right to have a lawyer with you who can advise you on how to answer.

Should I Ask for a Lawyer After Being Arrested?

Yes. After you are taken into custody but before the police conduct custodial interrogation (i.e., questioning), they must inform you of your Miranda rights. These rights include your right to remain silent and your right to have a lawyer present if you choose to answer questions. Invoke these rights loudly, clearly, and directly.

How Do I Know if I Will Be Criminally Charged After Being Arrested?

You might not know whether you will be charged until prosecutors actually press charges or you are released from custody. The police often keep suspects in the dark about charges until prosecutors decide. This is another big reason to demand a lawyer as soon as possible.

What is the First Court Appearance After an Arrest in Philadelphia?

The first court appearance after an arrest is called the preliminary arraignment. This is a somewhat informal hearing that usually occurs within 24 hours of your arrest. You may be informed of your charges, and your attorney can help you get released on bail.

Contact Our Philadelphia Criminal Defense Attorneys for Legal Assistance

Get a private, free case evaluation regarding your charges by calling our Montgomery County, PA criminal defense attorneys at the Liberty Law Team at (215) 826-3314.