Am I required to talk to police after being arrested?
No, the United States Constitution, as well as Federal and State laws, do not require an arrested individual to speak to the authorities, with the exception of providing basic information about their identity. Deciding to talk with the police or authorities is a very important decision that requires knowledge of the law.
What happens after a person is arrested?
Typically, a person who has been arrested is “booked” at the local police station. The police will get personal information about the individual and use the information to determine if they have any warrants or additional criminal history to determine if they can be released from custody and whether the payment of bail or bond is required.
What are the differences between a felony and a misdemeanor?
A misdemeanor is generally a less serious criminal charge. Each state has specific misdemeanor laws, so you need to talk with an experienced criminal lawyer for details. Federal law states that a misdemeanor is a crime punishable by less than one year in prison.
Federal law states that a felony is a criminal offense that is punishable with a year or more of incarceration.
What is the difference between State and Federal charges?
A State criminal violation pertains to specific state law and is prosecuted in the state court system. A Federal criminal offense is a violation of Federal law and is prosecuted by the United States attorney’s office in the federal court system.