After you are arrested, the next step the police take is to file a report. At that time, the report is sent to the prosecuting attorney. This attorney is the person who decides if you should be charged with a crime for your actions.
If the prosecutor isn’t sure, or if they want other opinions, then they may ask a grand jury to decide which charges to file during an indictment.
What are your rights after being arrested?
The police play a relatively small role in your case after the initial arrest, but you still need to know your rights. To start with, remember that you don’t have to admit fault or guilt to the police. You also don’t have to talk to the police about what happened or say anything that might make you look bad.
Remember, the police don’t have to read you the Miranda Rights at the time of your arrest. They do need to do so before you’re interrogated. Anything you say to the police before or after they read your rights could be used against you in court.
You don’t have to agree to an interview with the police, though they may place you in an interrogation room depending on the case. You may ask, at any time, for your attorney to be present.
After you’re charged, what happens next?
After you’re charged with a crime, the police have little to do with your case. They may transfer you to a different holding facility, like a federal holding facility or a local jail, if you need to stay behind bars.
They may be involved in providing evidence or support for the prosecution. They also participate in interviews. Any first-hand witnesses at the scene, like the arresting officer, may go to court to speak about what they saw or heard from you.
You don’t need to agree to speak with officers at any time, and your attorney may talk to you and be with you during any kind of interrogation. Be aware of your rights, so that you don’t make a mistake that could put your liberties at risk.