Being taken into police custody isn’t a generic experience. It can vary a lot depending on things like the arresting agency, the seriousness of the offense, and how much room the jail has. Most of that is out of your control. But the way you respond to the situation can make a big difference in what happens after.
Your rights at arrest and booking
The key thing to keep in mind is that whatever you say upon being arrested can be used to build a case against you. While Miranda rights are the legal rights that police officers must read to suspects in custody during an interrogation, these rights do not have to be read to a person during an arrest – only that the first two rights (right to remain silent and the right to an attorney) have to be read during a custodial interrogation. Questions required to book you – your name, address, and date of birth – are not considered part of an interrogation. Therefore, the police are not required to read you your Miranda rights before asking you these.
The bottom line, for your purposes, is to talk less. Be polite. Give your basic identifying information. But then be quiet. The more you talk, the greater the chance of giving the police something they can use to help their case against you. Talking too much is responsible for more damage to defendants’ chances in court than nearly anything else.
Bail and bond: getting out before your court date
A judge will decide whether to set bail during your first court appearance, which must be held within 24 to 48 hours of your arrest. If bail is an option, the judge will consider the severity of the charge, your criminal record, and your connection to the community to determine whether you’re likely to show up for court.
Mistakes people often make at this point include not having an attorney present, having family members who unknowingly say or do the wrong thing, and not having readily available information that could assist in reducing the amount of bail (e.g. employment records, bank records, or any other information proving you have ties to the community). An experienced local attorney can guide you on what information is relevant and can ensure that everything possible is done to help you get a manageable bond.
In the event that bail is set and you can’t pay the court the full amount, a bail bond company can post the bond in exchange for a fee, which is generally 10-15% of the total bond amount. If you are released from jail, there may be conditions set for your release, such as regularly checking in with a court officer, limited or no travel, or other restrictions. If you violate any of these conditions, even unintentionally, you can be rearrested.
Misdemeanor vs. felony: why the classification matters
Not all criminal charges have the same level of severity, and this can depend on whether we are talking about a misdemeanor or a felony. The grade of the offense in North Carolina can impact everything from the location where your case is tried to the potential sentence you are facing.
Misdemeanors and low-grade felonies are “Class” crimes. This means that they are classified by a letter with a corresponding punishment that is predetermined by statute. Misdemeanors in North Carolina are separated into four classes and felonies into ten. Penalties for misdemeanors often include shorter jail sentences, fines, and sometimes probation, while felony sentences can range from shorter sentences for less severe offenses to prison for more severe ones.
Arraignment and the early plea decision
Your official initial court proceeding is called an arraignment. This is when you will be brought before the court, informed of the criminal charges you’re facing, and asked to enter a plea. In most cases, you will plead not guilty at your arraignment.
Why? Because when you are asked to enter a plea, you will have had very limited exposure to the evidence the state has against you. The prosecutor’s office will have had time to build a case against you, but you won’t yet have the benefit of knowing the full scope of that case. It’s better to plead not guilty, and have the opportunity to explore your options.
The pretrial phase: where most cases are actually decided
Following the arraignment, the case moves into the pretrial period. This is when the majority of legwork occurs.
Discovery is the official procedure during which your lawyer can obtain the evidence held by the prosecution – such as police reports, testimonies, videos, lab findings, and other materials that will be presented in court. This information-gathering phase can last several weeks or even months. What is uncovered here will largely determine the most suitable course of action.
Your attorney will file pretrial motions after they study the discovery. Based on the specifics of your case, these could involve filing a motion to eliminate evidence (arguing that the evidence was not acquired legally), a motion to dismiss (arguing the factual premise of the charge or its legal validity), or motions that question the reliability of the evidence.
Cases will be rejected at this point. Charges are often reduced. Evidence can be excluded. The pretrial phase is not just preparatory; it often decides the outcome. If a defendant is rushing toward a plea or trial before they have gone over all pretrial issues, they could inadvertently receive a more severe judgment than necessary.
How plea bargaining actually works
Nearly 95% of criminal convictions in the United States are the result of plea bargains, not trials (National Association of Criminal Defense Lawyers). That 95% should tell you everything you need to know about how the system actually functions.
A plea bargain is a negotiation between your lawyer and the prosecutor. You agree to plead guilty to the original charge or a reduced charge, and in exchange, the prosecution agrees to the terms – whether that’s a lighter sentence, reducing the charge, or dismissing some charges in exchange for a plea on others.
Prosecutors have discretion. How many other cases they have, the quality of the evidence, the specific judge, and your criminal history as presented by your lawyer will all impact what they are willing to offer. A negotiated disposition is not waving the white flag. It’s a rational choice that you make after the presentation of all relevant information. The problem is when defendants feel they have no choice but to take the deal before having any real idea what all their options are.
If your attorney is trying to sell you on a plea bargain without fully examining the facts that support it, that’s a problem. If you’re feeling pressured to make up your mind before the discovery process is complete, that’s a problem.
What a trial actually involves
If the case cannot be settled during the pretrial phase or with a plea agreement, the case will proceed to trial. With felonies, this means a jury trial in Superior Court. With misdemeanors, you have a bench trial in District Court, or you can request a jury trial.
Jury selection – voir dire – is the process whereby it is determined which jurors will listen to the evidence of your trial. Challenges can be made by both sides. An experienced attorney will be observing this process very closely. It is more important than most people realize.
The prosecution goes first and presents its case. Your attorney gets to cross-examine the prosecution witnesses. Then your case is presented. The prosecution must prove guilt beyond a reasonable doubt. This is the highest burden in the law. You do not have to prove anything. The burden of proof is on the prosecution. You are presumed innocent. The prosecution has to prove your guilt. You do not have to prove your innocence.
The difference between a public defender and a private attorney
You have the right to an attorney. If you can’t afford one, the court will appoint a public defender. Public defenders are real attorneys – they know criminal law and they know the courts. The issue isn’t competence. The issue is caseload.
Public defenders handle very heavy case loads. The amount of time they can dedicate to any single case is limited by how many other cases they’re handling at the same time. For a simple, low-level misdemeanor, a public defender may be entirely sufficient. For a felony charge, a charge with significant collateral consequences, or a case with complex evidence, that time constraint starts to matter.
A Gastonia criminal lawyer who practices in Gaston County courts brings an understanding of local prosecutors, judges, and the peculiarities of how cases tend to move through that system – and that kind of understanding can change the way a case is approached from day one.
When you’re in your consultation with a private attorney, ask them why their experience matters for your specific sort of charge, how they usually handle the discovery phase (when the two sides exchange evidence), and their frank, realistic assessment of the charges against you. Be wary of anyone who starts promising you outcomes before they’ve had a good long look at the evidence.
Collateral consequences: what a conviction really costs
While jail time and fines are the most obvious punishments, a criminal record can have long-term consequences that are equally damaging. For example, many job applications ask about convictions, as do applications for housing. You may not think it’s a big deal if you’re denied a mortgage, but in many cities even finding an apartment that you can rent could be impossible.
Losing a professional license or being denied a license in the first place is a huge penalty. It doesn’t just deprive someone of work for a while, it can push them out of a career entirely. Entire fields can be closed off. This is particularly true for fields that require regular interactions with students, patients, or clients – employers may be reluctant to hire someone with a criminal record.
Immigration is an even bigger deal, a possibly life-altering one. U.S. immigration law can seem capricious at the best of times and even harsher when someone has a criminal record. Drug offenses in particular can get someone deported for life or make reentry for someone who is undocumented all but impossible. Finally, some types of offenses result in a lifetime ban on owning firearms.
Expungement and what comes after
North Carolina does have provisions for expungement under certain circumstances. First-time offenders who were convicted of some misdemeanors or nonviolent felonies may be able to get their records expunged after a certain amount of time has passed. Often, dismissed charges and cases in which you received a not-guilty verdict can be more easily expunged.
But you have to petition for an expunction, and the rules about who’s eligible are strict. Factors that determine eligibility include things like the type of offense you were charged with, your age when you were charged, and whether you’ve had an expunction before.
The most important thing to remember if you’re facing your first charge is that the decisions you make now will determine whether expunction is even a possibility later on down the road. A charge that gets reduced to a lesser offense may be expungeable; a conviction on the original charge may not be. That’s another reason you should take the pretrial and negotiation phases seriously, rather than just going along with the first outcome you’re offered.
Take it one step at a time
An arrest may lead to charges, but charges don’t always end in a conviction. And even a conviction doesn’t have to ruin your future. But if you face arrest, a charge, or a conviction, the process can be daunting at every stage. It matters in all cases to have an attorney; it matters more still that you avoid prejudicing your defense by saying too much too soon, and most of all that you do not rush into decisions.
