What to do if You Are Arrested in Lexington

If you have been arrested and charged with a crime in Lexington, Kentucky, it is a serious situation. Depending on the crime, a conviction can mean jail time, fines, and a permanent criminal record that will negatively impact your reputation, career, personal relationships, and the ability to receive housing and educational benefits in the future.

Being arrested is a stressful, scary, and confusing experience, but fortunately, all is not lost. The law says that you are to be considered innocent until proven guilty, and the state has the burden of proving that you committed the crime. There is help available and there are things you can do to mitigate the situation and increase the chances that your charges will be lowered or dismissed altogether.

What to Do if You Are Arrested in Lexington

The first thing you should do if you are arrested in Lexington, is to contact an attorney.  An experienced Kentucky defense lawyer knows the criminal justice system and what your rights are, and how to build a defense that increases the chances of having your charges reduced or dismissed. Then take the following steps:

• Remain silent. You have the right to remain silent and should exercise it to avoid making self-incriminating statements, even if you are being pressured or told that law enforcement is just trying to help.
• Know what to expect. You’ll be taken to jail where you’ll undergo the booking process, which includes:
• Providing basic information like your address and date of birth
• Having your photo (“mugshot”) taken and pictures of any tattoos
• Being fingerprinted
• Being searched for contraband
• Receiving a physical and mental health screening.
• Do not resist arrest; remain respectful and polite, and cooperate during the booking process.
• Make a phone call. Most jails allow you to make a call to family or friends after booking.
• Undergo a pretrial interview. If you consent, a pretrial officer will conduct an interview, which will be used by the judge in making your initial bond decision. The pretrial staff conducts a criminal background check and a risk assessment to determine if you are likely to appear in court and not get rearrested if released from jail while the case is pending.
• Await the bond decision. Kentucky outlaws commercial bail bonding and utilizes pretrial services programs to assist the Court in setting bond. Within 24 hours, a judge will review the information gathered by the pretrial officer and make a decision regarding your release. There are several financial and non-financial options.
  • For non-financial options, you may be released on your own recognizance or with an unsecured bond or third party paying your bond if you are low risk, with no or minimal criminal history, and the charges are minor. You will have to promise to appear for all scheduled court hearings and abide by any conditions that may be imposed by the Court, or face additional charges.
  • Financial bonds can be paid by cash, credit card, property, or through partially secured bonds that require a percentage of the full cash amount.

• Attend your arraignment. You appear in court where the judge will read the charges against you and you enter a plea of “guilty” or “not guilty.” If you cannot afford an attorney, you have the right to have a public defender appointed for you.
• Attend a pretrial hearing for felonies or pretrial conference for misdemeanors.  Your attorney may have negotiated a plea bargain with the prosecutor.  If you refused the deal or an offer has not been made, the case is set for trial on a specific date.
• Go to trial.  At trial, each side presents its case before a judge or jury.  The trial involves opening and closing statements by both parties, and the opportunity for both parties to present evidence and cross-examine witnesses. The prosecutor must prove you are guilty of your crime beyond a reasonable doubt.  Your defense attorney offers evidence to create doubt or show that the prosecution failed to prove the case.

Understanding Your Rights When Arrested in Kentucky

Since the prosecution has the burden of proof to show that you are guilty, it is extremely important to not say or do anything to incriminate yourself.  By knowing your rights when arrested in Kentucky, you can avoid incriminating yourself.  If your rights are violated, any evidence the violations produced may not be used against you.  The following are important rights you should be aware of:

• You have the right to remain silent and are not required to answer questions beyond providing your name. You should have been given your Miranda warning advising you of your constitutional right to remain silent and to have an attorney present before answering any questions or making any statements. You have a right against self-incrimination or being forced to testify against yourself.
• You have the right to be free from unreasonable search and seizure without a legal search warrant or probable cause and to be free from excessive force when arrested.
• You have the right to contact and speak with an attorney, and once you have one, your attorney will help protect your rights. Ask for a lawyer immediately and consult with your attorney before speaking to law enforcement.
• You have the right to be informed of the charges against you and to be told the identities of the officers arresting you.
• You have the right to make phone calls to contact an attorney, family, friends, or a bondsperson.
• You have the right to due process of law, which includes the pretrial interview to determine bond and a speedy, fair trial that enables you to call supporting witnesses in front of an impartial jury.

Make sure all your rights are protected — remain silent and seek legal counsel promptly to protect your interests from the start.

Get Help from a Criminal Lawyer in Lexington, KY

If you are arrested in Lexington, get help immediately from an experienced criminal defense lawyer who will represent you throughout the legal process. Attorney Dan Carman has represented clients accused of criminal acts that include sex crimes, possession and distribution of drugs, child pornography, and obstruction of justice. Dan was also a Judge Advocate “JAG” defense lawyer and prosecuting attorney for Marine Corps and Navy personnel, so he knows both the prosecution and defense sides of the criminal process.

When you have Dan on your side, he will review the details of your arrest and charges to develop an effective defense strategy, ensure that your constitutional rights are protected and that law enforcement followed proper procedures during your arrest and questioning, negotiate with prosecutors for reduced charges or alternative sentencing options, and prepare a strong defense and take your case to trial if necessary.

At Dan Carman, PLLC, we know your rights. We have a proven track record and can make all the difference in securing a favorable outcome in your case.

Call Dan Carman today at 859-685-1055 so we can begin building your defense.

GET HELP NOW 859-685-1055