The reading of your rights by the arresting officer is not required unless the officer is going to question you about your involvement in a crime. Questions about your identity, address, etc are not part of Miranda.seamusTX wrote:I'd would appreciate it if someone in the know would describe exactly what happens when a person is arrested.
This is my understanding of the basics:
1. You're cuffed and read your rights.
Officers discretion. I never took a persons keys or shoelaces unless the key ring contained a handcuff key. ;)2. Everything that could be considered a weapon is confiscated, including pens, keys, and shoelaces.
Depends on the agency and arrangements with the county. We eliminated our city jail, and transported all arrestees to the county jail. of course, the county seat was my city. Some places you get transported to the city jail, then transferred to county for charges above class C.3. You're transported to the station, photographed, fingerprinted.
Bail is what the courts require in order for a person to be released pending trial. Some charges have a standard bail, and people can post it pretty quickly. More serious crimes require bail to be set by a judge on an individual basis.4. At that point, if you're eligible for an I-bond, you're released and you get your stuff back.
If you have to post bond, can you use your own cash or credit cards?
If someone has to post bond for you, how long does it take and how much does it cost?
You can use your own money. A bond is when you contract with a bonding company, called Bail Bonds. They post a bond with the court for the full amount of the bail. Typically you pay the bond company a percentage of the total bail, 10% being the norm. The cost is, of course, dependant on the dollar amount of the bond.
You stuff is retained at the jail. I imagine that there is a method in place to release an arrestees property to a person of his/her designation.If you're kept in custody, what happens to your stuff and when do you get it back. (I'm thinking that many people easily have $1,000 worth of stuff on them, jewelry, expensive shoes, etc., plus their wallet and keys). That's not even considering your carry piece, which again is easily $500.
Maybe one of our folks who has worked in a jail can more definitively answer that.
It depends on the circumstances and department policy.If you're driving, what happens to your car? If the car is not evidence in the arrest, can someone who is with you drive it home, or is it always towed?
department policy will dictate. Another parent or relative can be called to the scene, or CPS can take custody.What happens if you have minor children with you?
Here is the law regarding Bail in Texas, if you are in the mood for some light reading.
