If You Are Not Promptly Arraigned

If you were arrested without an arrest warrant, you have a right to have an impartial judge make a prompt determination of whether the police had “probable cause” for the arrest. The police and prosecutors know that, but they don’t always make sure that you get that “initial appearance” or “arraignment” promptly. That’s when the efforts of a St. Augustine criminal defense attorney can make a real difference in your case.

The Promptness Requirement

The legal requirement of a prompt initial appearance usually means that your case must be brought to a judge within a day or two of your arrest. The time may be extended if the police and prosecutor can show a good reason for the delay.

Delays Do Harm You

The promptness requirement isn’t just a technicality. Delaying a determination obviously hurts you if the judge ultimately finds that probably cause does not exist to bind you over for trial, given that you have then spent unnecessary time behind bars. Even if the judge eventually finds that there was probable cause, a delay is harmful because:

Indeed, if you don’t have a St. Augustine criminal defense attorney to advise and protect you, the police have more time to try to extract a confession or other incriminating statements from you.

How a St. Augustine Criminal Defense Attorney Can Fight Back

Your attorney has a number of options to fight an unjustified delay. The simplest and easiest is to try to get you to an initial appearance as soon as possible. That may involve threatening to sue for a violation of your rights or informal efforts like phone calls and personal visits to police, prosecutors, and judges to convince the authorities to speed up the arraignment.

Filing a writ of habeas corpus to get you released is another option your St. Augustine criminal defense attorney will consider.

If you have been denied a prompt arraignment, or know someone who has, an experienced St. Augustine criminal defense attorney may be able to help; call Patrick Canan at 904-824-9402.

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