When are you under arrest?
You are arrested when law enforcement officers take you into custody or otherwise deprive you of your freedom of movement in any significant way in order to hold you to answer for a criminal offense.
The police officer is obligated to identify himself and to advise you that you are under arrest and why, unless circumstances make it impossible for him to do so at that time.
When you are served the appropriate papers having to do with your arrest you will be given a court date. If you are charged with a misdemeanor you should be prepared to either plead guilty or prepare a defense to the charges against you.
If you are charged with a felony you will be required to come to a court for a “first appearance” where the judge will determine that you understand the nature of the charges against you and inquire if you have an attorney.
If you want an attorney and demonstrate your need to the court by “Certificate of Indigency” you may be allowed an appointed attorney. A “probable cause” hearing will be scheduled, the purpose of which is to determine whether there is sufficient evidence to bind the charges over for trial in Circuit Court.
If you are facing an arrest in Northern Kentucky, contact one of our experienced attorneys at Busald Funk Zevely to help. We understand how difficult this time can be and we will be in your corner throughout it all.