First Steps After Getting Charged with a Crime in Washington DC

Getting charged with a crime can be an incredibly stressful and confusing experience. Many people don’t know what to expect or how to navigate the criminal justice system after an arrest. This article will walk you through the key steps and processes after getting charged with a crime in Washington DC, to help you understand what to expect and how to protect your rights.

The Arrest

The first step is generally the arrest itself. An arrest can occur if a police officer witnesses you committing a crime, or if they have probable cause to believe you committed a crime[1]. Probable cause means they have sufficient reason to make an arrest – it’s a relatively low bar.

Once arrested, you’ll be taken to the nearest police station and “booked”, which means the police will take your fingerprints, photograph you, and record your personal information. This is when you’ll officially be charged with a crime. The booking process typically takes a few hours.

During booking, the police might ask you questions about what happened. It’s important to know that you have the right to remain silent and avoid answering questions without a lawyer present[2]. Anything you say can potentially be used against you, so it’s best to politely decline to answer questions until you have legal counsel.

Getting Out of Jail

After booking, what happens next depends on whether you’re charged with a misdemeanor or felony.

For misdemeanors, you’ll usually be given a citation with a court date, then released from the police station[3]. Your first court date will be an arraignment, which is your initial appearance before a judge, within about 3-4 weeks of the arrest[4].

For felonies, you’ll be held in jail until you can appear before a judge, usually within 24 hours[3]. At this first appearance, called a presentment hearing, the judge will decide whether to release you or keep you detained until your trial[4]. Factors like flight risk and danger to the community are considered.

If released, the court may impose conditions like drug testing, alcohol counseling, or a curfew[3]. You may also have to pay bail money as a guarantee you’ll return to court. Having an attorney argue for your release is extremely helpful.

Getting a Lawyer

After being arrested and charged, your first call should be to a criminal defense lawyer. An experienced attorney can help get your bail lowered or get you released without bail, guide you through the process, and start building your defense.

You have the right to an attorney, and can request a public defender if you can’t afford a private lawyer. But hiring your own lawyer early on is ideal, since they’ll have more time to work on your case[5]. Consultations are generally free.

Sentencing

If found guilty at trial or via plea bargain, the judge will impose a sentence – fines, probation, community service, and/or jail time. Your lawyer will argue for the lightest sentence. For misdemeanors, judges have wide discretion on sentencing. For felonies, sentencing guidelines and mandatory minimums may apply.

Common Mistakes to Avoid

There are some key mistakes to avoid if you get arrested and charged:

• Talking to the police without a lawyer present – this can seriously harm your case. Be polite but decline to answer questions.
• Waiting too long to get a lawyer – it’s crucial to get legal advice early in the process.
• Missing court dates – this can result in additional charges or arrest warrants.
• Violating bail release conditions – abide by all terms like curfews, or bond may be revoked.
• Discussing your case online – this can provide prosecutors with ammunition.
• Losing hope – even difficult cases can end well with an experienced attorney on your side.