Southwest Finger Lakes Crime Stoppers Home What You Need to Know About the Different Types of Arrests

What You Need to Know About the Different Types of Arrests

There are many different reasons a person can be arrested for. The different types of arrests are relevant to the types of crimes and the severity of the crime.

A good criminal defense lawyer can represent you in a wide range of different types of arrests. In all cases, of different types of arrests, it is imperative to have an attorney to defend you. Learn more about the different types of arrests and their potential outcomes.

On A Scale of One to Ten

Each of the different types of arrests can be determined on a scale of one to ten when it comes to potential punishment. For example, a misdemeanor charge for shoplifting may have zero potential jail time if found guilty, which means on a scale of one to ten it is a minor type of arrest.

On the other hand an illegal handgun charge may carry a penalty of jail time if convicted, which would put it a little higher on the scale. Some of the different types of arrests are considered far more serious than others. There is some language you should get familiar with to better understand what the different types of arrests mean:

  • A Felony-A felony indication on an arrest warrant is used to denote a serious crime. Murder is a felony, kidnapping is a felony, armed robbery is a felony, some misdemeanor charges are upgraded to felony charges give the circumstance.
  • A Misdemeanor-A misdemeanor is typically the designation for lesser crimes, although, many misdemeanors can still put you in jail. Shoplifting is a misdemeanor, trespassing is a misdemeanor, and other crimes that do not involve violent acts can be misdemeanors.
  • Infractions-Infractions can range from driving violations to littering, and other “infractions” of the penal codes. Typically, an infraction charge results in a fine and maybe some community service but no jail time.

Different types of arrests often require the assistance of bail bond services to get out of jail. Whether it is a felony charge or a misdemeanor charge you may have to pay a bail bond to get out of jail. There is a wide range of punishments and penalties for each type of arrest if you are convicted.

Penalties and Punishment

A good rule of thumb to consider regarding criminal law, is the more serious the crime the more likely that the punishment and penalty will be harsh. Unfortunately, many defendants do not take their arrest seriously enough and forgo hiring the criminal defense attorneys that can get them the best outcome. It can be a very expensive lesson to learn. No matter what type of charges you are facing, it is always best to have an expert on your side.

There is a wide range of potential penalties that you can face even with the different types of arrests that are for infraction violations. Unfortunately, being convicted of a crime no matter how minimal that violation may seem can impact:

  • Your ability to find a job. An employment agency has to run a background check. When that check is run any convictions will come up and can ban you from getting a job.
  • Your ability to secure housing. Many property managers also require a background check. A criminal record can deny you the housing that you want.
  • Your ability to generate income and meet your family obligations. In the most serious of different types of arrests, you could be on the path to jail time. Serving a lengthy sentence will leave you unable to meet your financial obligations and your ability to care for your family.

The Most Serious Crimes

Typically crimes that involve violence are up there when it comes to serious offenses. These types of charges can result in lengthy trials, convictions with long jail sentences, and completely destroy your life. Guilty or innocent having the right criminal defense attorney on your side is the most important part of the situation.

A criminal defense attorney that is experienced in defending felony charges can improve your outcome. They can help you to arrange for appeal bonds while you are waiting for your court date for your appeal.

Most people mistakenly believe that once the trial ends their relationship ends with their attorney. An immediate request for an appeal to appeal the decision in the case can continue your relationship with your attorney, and hopefully your relationship with the bail bondsman.

While violent crimes are considered the most serious, there are other felonies like white-collar crimes where there was no incidence of violence, that an attorney can fight to appeal. During the appeal process, you may be able to stay out of jail waiting for the outcome.

You are able to resume your life while you are waiting for the next step in the process. On the other hand, if you are convicted of a felony that does involve violence, you likely will not get your appeal bond approved.

In the most serious different types of arrests like for capital murder charges, your life can literally be held in the balance. Many states still use the death penalty as a deterrent to crime. You may be facing the death penalty in your case if it involves a murder charge.

While there are over 1.3 million lawyers in the US not all of them are prepared to take on cases that involve the death penalty as a potential outcome. It takes a criminal defense attorney that specializes in these types of cases to adequately defend you in this type of case.

Here are some potential penalties associated with a conviction of a felony charge:

  • Long term incarceration. You do not have to be charged with murder to be facing a lifetime in prison. If you have two other felonies on your record, many states, use the predict felon sentencing structure. As a predicate felon, you could be facing life in prison. The “three strikes” rules may apply in your state.
  • The death sentence. If you are accused of taking a life or another heinous crime like kidnapping and torture, you could be facing the death penalty.
  • Loss of privileges and freedoms. In some felony cases, you do not face a long prison term, but you do face losing privileges like leaving your home, refusing random drug testing, and living your life on your terms.

A felony charge is a serious charge and never goes unpunished. The most serious cases have jail time attached, the lesser cases will be penalized by taking your freedoms away in other ways. For example, you may be facing a long community probation commitment that requires an ankle monitor, restricted time away from home, periodic random drug and alcohol screening, community service, and high dollar fines to pay restitution.

In cases of the different types of arrests, felony arrests can affect how the arrest is carried out, and even how you are treated by the arresting officers. For example, with a no-knock felony arrest warrant, police officers can simply kick your door in and pull you out of bed.

Yes, this is the United States, where you are supposed to be innocent until proven guilty, however, in the case of felony charges, the arresting officers may be so convinced of your guilt that they do not treat you fairly. An attorney is necessary to ensure that your rights have not been violated during the arrest process and beyond.

What happens when you are arrested on felony charges is very different than what happens when you are arrested on misdemeanor charges. It is vital to have strong representation in your corner.

What You Can Expect With Misdemeanor Arrest Charges

A misdemeanor arrest can also involve being arrested in your home on a warrant, it can also involve being treated unfairly during the arrest process, but the punishment that you face if you are convicted of the arrest charge can be lesser than a felony conviction.

During the different types of arrests the police base their treatment of you on your behavior with them and the type of crime you are being charged with. For example, you are being accused of shoplifting baby formula, this can be perceived differently by a police officer than if you are accused of shoplifting the latest designer bag. Of course, if you go willingly with the police officer, avoid cursing them out, and understand they are just doing their job, it can also change their perception of you. Why is it important what the police think of you because it affects the type of bond and how much the bond will be. Police officers can make recommendations to the magistrate, judge, and district attorney about your behavior.

Being cooperative with the police is not necessary. In other words, you do not have to give a statement or be willing to confess your crimes (most attorneys will advise against it) but you should not be disrespectful or fight the arrest. Fighting the arrest will just add more charges to the case, and also ensure that the arresting officer reports it to the judge, magistrate or district attorney that will be there at your first appearance when your bail is set.

Not all cases will require you to post a bond, in some misdemeanor cases, you can ROR (released in your own recognizance), it means you sign an agreement to come to court as required and you get to leave jail. Sometimes being released ROR is called a signature bond. Your signature is bond enough that you will follow through with the case.

Do you need a lawyer to defend a misdemeanor case? The answer is if you want the best possible outcome you do. Even if you are not facing active jail time, there will be penalties that you need to deal with, having an attorney defending you will ensure that the penalties are kept to a minimum and you get the best outcome.

Things to Remember If You Are Arrested

There are things you should do if you are ever arrested for any of the different types of arrests. Knowing what to do when you are arrested can help to make the job easier for your attorney during the trial and make the situation easier on you.

Here is what to do when you are arrested:

  • Know your rights. Any time you are arrested you should be read your Miranda rights. The officer should read you your rights that include the right to remain silent and to ask for an attorney.
  • Call a lawyer. Use your phone call to call an attorney. An attorney can contact your family for you, and get the ball rolling on arranging for bail. Don’t waste the phone call. Don’t give a statement until your attorney arrives.
  • Be respectful. The police are just doing a job, there is no point in harassing the officers or cursing them out. Stay quiet, follow directions, and don’t make matters worse.

It can be a shock to the system to be arrested but keep in mind, the more emotional you become over the situation the more likely you may say something to incriminate yourself. No matter what you say to the police officers you are being arrested. Just follow their instructions, and go with the officer peacefully. It is fine to say I have nothing to say without my attorney, as a matter of fact, it is strongly recommended that you do not say anything. You are not required by law to answer questions other than providing your name.

From the minute you are arrested your case begins. That means anything that you say to the police officers, a cell mate, or anyone else can be repeated in court. Do not lose your wits, stay calm, and get an experienced criminal defense attorney on your side as quickly as possible.

There is no such thing as a good arrest. All the different types of arrests are bad situations but with the right defense team on your side and doing your part during the arrest it will improve the chance of a favorable outcome. If you are arrested stay calm and get the help you need.

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