Your Virginia Legal Team

Stafford County Robbery Arrest Process

Law enforcement chooses when to make the arrest in a robbery case, based on a number of factors. Sometimes law enforcement will encounter someone and apprehend them immediately. If law enforcement is in pursuit of someone or comes upon a crime being committed, they are required by law and by their duty under oath to make the arrest immediately.

When you have been arrested for robbery or are aware that it may be a possibility to contact an experienced Stafford County lawyer.

Being Arrested

In circumstances where there is an ongoing investigation, typically law enforcement will not make an arrest until directed to do so by a prosecutor involved in the case. At the end of an investigation, law enforcement will bring the information that they have to a prosecutor who will make a decision about asking the officers to obtain more or whether they will try to get indictment issued. Once a warrant has been issued, in most cases, it is going to be served quickly after it being issued.

Just because the person is under arrest does not mean that the person has surrendered any of his or her constitutional rights. Even though the person is under arrest for robbery, the person still has the right to be free from illegal searches, free from being coerced into making any incriminating statements, and the right to remain silent throughout the process. Once the person has been arrested, it is important not to make any statements to the police, not to cooperate with the police in any way, and to talk to an attorney, which is the person’s right under both of Fifth and Sixth Amendments as soon as the person possibly can.


Booking involves a person being processed after being arrested. It is going to involve, in some cases, a photograph being taken and personal information being recorded and then brought in front of the magistrate for an initial determination about whether the person will be admitted to bail.

Public Records

Court documents are matters of public record. If a person is charged with robbery, the fact that they have been charged can be accessed online through the court’s websites. In many instances, it can be accessed at the courthouse. In addition, any government agency that runs a criminal background check would be able to see that a case is pending or that the person has been convicted. Also, any person who applies for a job, financial aid, or anything else requiring permission for a criminal background check to be run, can anticipate that whoever is running that check would be able to see that a charge is either pending or that the person has been convicted of robbery.

When to Contact an Attorney

Once a person has been arrested, the person’s first opportunity to contact a Stafford County attorney is typically going to be at some point after the person has gone in front of a magistrate and a bail determination is made. Once the person is released, that is going to be their first opportunity.

If the person is not released then, the first opportunity to reach out to a skilled Stafford County attorney may be to make a phone call from the detention center. In many cases, individuals will first communicate to the family who will reach out to a Stafford County attorney if the person is still incarcerated after their arrest and initial appearance before a magistrate.

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