37,000 people are in jail or prison in North Carolina.
So what happens if you or a loved one becomes one of them?
In this article, we’ll go over some of the things you or a loved one should and shouldn’t do if you get arrested in North Carolina.
This way, you’ll know exactly what happens when you are arrested.
You should know your rights and what you should and shouldn’t do. While you shouldn’t plan on getting arrested, being prepared is always a good line of defense.
Read on for more on the do’s and don’ts of arrest in the state of North Carolina.
What Happens When You Are Arrested in North Carolina?
If you get arrested, you will be informed of your arrest. You may be patted down by the police officer who is arresting you. This, however, is only performed when you are actually under arrest.
It is not legal for a police officer in the state of North Carolina to search you when you’re not under arrest. For example, stopping you for a traffic violation would not be grounds for a search on your person.
The search is to ensure that you are not carrying any concealed weapons.
The police may bound your hands in handcuffs and place you in their squad car.
During this time, they can inventory any items they do find, such as money, cigarettes or your wallet. This does not mean it is being confiscated indefinitely but is merely put in an inventory. You can recover these items upon leaving a correctional facility.
Your Miranda Rights
A will have your Miranda Rights read to you. This is the famous, “Anything you say can and will be used against you,” line that you often hear on film or TV.
If you give a confession before you get “Mirandized,” the police may still use it in a court of law. It is best to remain silent when it comes to answering questions about the crime to which the police will be detaining you.
While you should remain silent without an attorney present in regard to the violation at hand, you will still need to answer questions about your name, age and other identifying information.
This is not part of your Miranda Rights, and personal information will not be held against you in court.
At any time, you can choose to waive your Miranda Rights and speak without an attorney present. You can also decide you no longer want to answer questions without your attorney.
Generally, however, attorneys recommend that you do not waive your Miranda Rights.
If you or a loved one is a minor placed under arrest, he or she also has their Miranda Rights. They can choose not to speak unless a parent or lawyer is present or both.
What Happens When You Get to the Jail
Most often, you will then go to your local jail. A prison is for convicted criminals. At this time, you have not yet been convicted and are still a suspect.
Any items taken from you during the search are handed over to the staff at the jail. You will most likely get them back once released unless they have something to do with the crime itself. Anything that might be evidence becomes the property of the state.
Upon arrival, you will be subject to a search. This is often more thorough than a pat down and may include a search of your entire person.
After you have been searched, the police book you. If you are not booked within a reasonable amount of time, your lawyer can request a writ of habeas corpus. This means he or she can place you before a court to ensure your arrest and detainment is actually lawful.
Most people get booked in a timely manner.
During your booking process, you will have your photograph taken, which many know as a “mugshot.” You will give your fingerprints, name, age, weight and other vital and identifying information to the police officers.
Depending on the jail, you may also have to surrender your clothing and change into a jail uniform. Your clothing is kept for you until your release.
After you’re booked, you will have to wait 48 to 72 hours for the police to press charges. During this time, you may interact with other inmates and it is possible you will see family members or friends who come to visit.
It is important that you do not speak to anyone about your charges or your crime. Your Miranda Rights extend beyond your arrest and also feed into your time in jail. Your family, friends and fellow inmates could become legally required to witness against you if you reveal too much information about the events.
If North Carolina does not deem you a flight risk, they may give you a set bail amount. You can get out of jail by paying this fee. It is an assurance that you will show up to all future court hearings. If you do not show up, you forfeit the fee. It will be returned to you if you show up to all appearances.
You can utilize a bail bondsman if you cannot pay for the bail yourself. This person will loan you the money needed to get out of jail. You will be responsible for paying it back in full if you do not satisfy the conditions of your arrest and bail.
Knowing Your Rights
Answering the question, “What happens when you are arrested?” can be scary for those who have not gone through the process before. Those unfamiliar with the Department of Corrections may find the process intimidating and can forget their rights.
However, it is important that if you or someone you love is incarcerated, they remain silent about their crime. Even if they believe they are innocent of the charges, they should still stay as quiet as possible.
For more information about what to do if you or a loved one faces arrest, visit our site.