Whether a person is arrested on a warrant or on an indictment, the first thing that is going to happen is the person is going to be taken into custody by the police. In some cases, the person will be read a Miranda warning, although that is not always true. Miranda warnings are used when the police plan to elicit information from the accused subsequent to arrest. After being taken into custody, the person is going to be transported to a police station or detention center and brought in front of the magistrate.
If you are facing robbery charges, you should contact an experienced lawyer immediately to begin building a defense case.
The magistrate’s job is to make an initial determination about whether that person is going to be admitted to bail since robbery is a charge that carries a presumption against a person being admitted to bail. In most cases, the magistrate will deny any help. From there, the person will be brought in front of the General District Court judge in the case of a warrant and a circuit court judge in the case of an indictment.
The person will be told the charges against them and will be advised of their right to have an attorney. If the person remains in custody, his or her counsel will, in most cases, file a motion for the accused to be admitted to bail. In many cases that would be conditioned upon the posting of a bond or being ordered into some kind of a pre-trial probation or supervised release.
A common scenario whereby a person is permitted to surrender is when there has been an investigation ongoing for some period of time and the police have had contact either with the defendant or the defendant’s attorney during the course of the investigation. Many times when an investigation is going on, a person who is being investigated will hire an attorney to interface with the police, assist during that period of time, and in some cases talk to the prosecutor.
The attorney will often offer to law enforcement to arrange surrender in the event that charges are brought. Because serving warrants is something that is inherently dangerous not only for the accused but also for the police, in many cases, they will take counsel up on that offer and arrange a time that the person can surrender rather than being arrested at home or at work.
If a person has an indictment or a warrant in circulation, it can alleviate the court’s concerns that the person might be a flight risk, which is important during a bail determination. When a court is determining whether a person is going to be admitted to bail, there are two primary concerns. The first one is whether a person is a danger to him, herself, or others. The second is whether the person is a flight risk. By cooperating in the course of surrender, the person gives their attorney something concrete to point to in front of the court that demonstrates the person’s willingness to appeal at all of the court hearing that the person is required to appear.
If you are facing Stafford County robbery charges, you should hire a local robbery lawyer. An attorney can assist in negotiating and building a strong defense. They will do everything in their power to assist you during this process. A robbery lawyer is knowledgeable and can challenge the State’s arguments and evidence on your behalf.
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