What to Expect When Being Arrested in Philadelphia

What to Expect When Being Arrested in Philadelphia

Getting arrested can be a scary, overwhelming experience. Even if you feel the charges against you are bogus, getting hauled off in handcuffs is gonna freak anyone out. As a Philly criminal defense lawyer, I’ve seen it all. My goal with this article is to walk you through the basic arrest process, so you know what to expect if you ever find yourself in cuffs. I’ll also give some pro tips for getting through it as smoothly as possible.

The Arrest

If the cops have probable cause to arrest you, they can take you into custody on the spot. This usually means slapping handcuffs on you and putting you in the back of a squad car. Resisting or fighting will only make things worse, so go peacefully. I know it’s infuriating and humiliating, but stay calm. Anything you say can be used against you.

Once you’re in cuffs, the police will search you and seize any personal belongings, including your phone. Make sure to remember or write down any important phone numbers you may need to call later. The cops may try to question you on the scene or on the way to the station. You have the right to remain silent, so I suggest you avoid answering anything beyond basic identifying information until you have a lawyer present.

If you need immediate medical attention, speak up. Police are required to provide medical care. Don’t be shy about asking for water, a bathroom break, or anything else you urgently need.

Booking and Processing

After the arrest, you’ll be transported to the police station and “processed.” This involves getting fingerprinted and having your mugshot taken. You’ll have to turn over everything in your pockets and any coats or jackets. They’ll give you a property receipt for the items they take. Make sure to get that receipt before you leave!

The police will ask you a bunch of questions about your identity, residence, medical needs, emergency contacts, and so on. This is all part of filling out paperwork and reports. Again, avoid answering anything related to the criminal allegations against you. The booking officers may pressure you to talk, but you have the right to remain silent!

In many cases, you’ll also be subject to a strip search, which means getting fully naked so officers can look for weapons or contraband. I know, it’s beyond degrading. But refusing will likely lead to criminal charges. Try to get through it with some shred of dignity.

The Criminal Charges

Within 48 hours of your arrest, you’ll be formally charged. This means the District Attorney’s Office has filed a criminal complaint against you outlining the offenses you’re accused of. Common charges after an arrest include disorderly conduct, resisting arrest, drug possession, DUI, theft, assault, etc. The complaint will list the specific statutes you allegedly violated.

Once charged, you’ll go before a bail commissioner for an arraignment. This is where bail gets set. Philadelphia uses a pretrial risk assessment tool to determine if you’re a good candidate for release or if you’ll be detained pretrial. Factors like prior record, ties to the community, and flight risk are all considered.

If you’re released on bail, you’ll have conditions like weekly check-ins and drug testing. Violating these can land you back behind bars, so take them seriously! There are sometimes options like house arrest or electronic monitoring if you can afford the fees.

If no bail is granted, you’ll await trial in jail. That sucks, but we can file a motion to get you out. There’s always hope!

Getting a Lawyer

The most critical thing is getting a criminal defense lawyer on your side immediately. Don’t say anything to the cops or prosecutors without counsel present. Philly jails allow collect calls, so phone your family or friends and have them look up local defense attorneys.

The Defender Association of Philadelphia provides free lawyers to people who can’t afford it. But their caseloads are insane. You’re better off hiring your own lawyer if possible. Shop around, but don’t just choose whoever has the cheapest fees. This is serious. You want someone with experience handling these types of cases.

Explain your financial situation and ask if they offer payment plans or discounts. A good lawyer will work with you. They know how the system works and can negotiate with the DA, challenge bad evidence, and defend your rights every step of the way. It’s worth investing in the best representation you can get.

Getting Out of Jail

For less serious charges, you may get released within hours on your own recognizance or have bail set at an affordable amount. But if it’s a felony offense or you have a record, you’ll likely need a bail hearing. That usually happens within 72 hours.

A judge will hear arguments from your lawyer and the prosecutor about an appropriate bail amount or why you should be released ROR. They’ll consider factors like flight risk, danger to the community, prior FTAs (failure to appears), and more. It’s vital to have an attorney fighting for your release at this hearing.

If bail is set beyond your means, your lawyer can file a motion to get it reduced later on. But you may be stuck in jail for weeks or months until it’s resolved. Not ideal, so start lining up resources and support on the outside to get you out ASAP.

Next Steps After Release

If you’re able to post bail and get released, don’t miss your next court date! Any FTAs will screw you over. Your lawyer will walk you through the pretrial process, including meetings with the DA, motions to get evidence suppressed, negotiating pleas, etc. Listen to their advice about taking a plea deal vs. going to trial.

Make sure to comply with any probation-like conditions set, like weekly check-ins, drug testing, ankle monitor, etc. You’ll have to check in with pretrial services regularly. Missing appointments can cause bail revocation or new charges.

Don’t pick up any new cases while out on bail! Even minor offenses can have your bail revoked. Lay low, comply with conditions, and take the process seriously.

How an Attorney Can Help

Having an experienced criminal lawyer in your corner makes a huge difference. Here are some of the ways we defend clients after an arrest:

• Negotiate with the DA for charges to be withdrawn or reduced
• File motions to suppress illegally obtained evidence
• Advocate for affordable bail and pretrial release
• Develop defenses showing your innocence
• Investigate whether your rights were violated
• Challenge probable cause for the arrest
• Contest unconstitutional searches and seizures
• Uncover sloppy police work and expose lies
• Negotiate better plea deals with less jail time
• Defend you zealously at trial if necessary

The charges against you may seem intimidating, but a good lawyer can help get them dismissed or reduced and protect your rights. Don’t go through this alone. With an attorney’s help, you can move past this.

Dealing with the Fallout

Beyond the criminal case itself, an arrest can turn your life upside down. It can cost you your job, housing, custody of your kids, and more. Having a conviction on your record makes things exponentially worse.

A skilled lawyer will look at collateral consequences and craft a resolution that avoids damaging your life long-term. We can petition for expungement of charges down the road. If you do plead guilty, we’ll seek alternatives to jail time like probation, house arrest, or work release.

Don’t let one bad choice ruin your life. Get an attorney fighting to keep your record clean and future intact. We believe in second chances!

Takeaways

• Stay calm and cooperative during arrest, but invoke your right to remain silent!
• Don’t say anything to police without your lawyer present.
• Hire the best criminal defense attorney you can afford.
• Follow pretrial release conditions closely to avoid bail revocation.
• Work with your lawyer to get charges reduced/dismissed.
• Avoid actions that could violate probation/parole if convicted.
• Expungement and other remedies can lessen long-term damage.

Being arrested sucks. But with the right legal strategy, you can move on with your life. If you or a loved one are facing charges in Philadelphia, contact me for a free consultation. Don’t go through this alone!