Friday, April 25, 2008

Viola Barrios, Fiesta DUIs and High Speed Chases: what happens when you are arrested?

Unfortunately, today's news is filled with serious crime: this afternoon, the teenaged nextdoor neighbor of beloved restauranteur Viola Barrios was arrested for her murder; two other teenagers are in critical condition after a high speed car chase on 1604 (were they racing?); and alcohol is being blamed for the 6th car crash fatality in Fiesta week, as a woman died after crashing her car early this morning over on Hwy 151.

Criminal defense attorneys are often involved in these situations from a different perspective: they are talking with distraught parents and frightened clients who are facing criminal action. And many clients and their families know little about the system until they personally become acquainted with it.

So, what does happens when you or a loved one is arrested?

First, you're read your rights, you're cuffed, and you're taken to the police department “intake area.”

Here, you're searched, booked, and fingerprinted. Your personal belongings are safeguarded for you, and you get to wear a standard-issue uniform that is color-coded (you've seen the carrot-orange jumpsuits on TV). You get a medical check. You get your one call.

Next, you're put in a cell. This could be together with other people, in the “general population,” or it can be in a special area, that's up to the police. They'll put someone in a special area if they're a celebrity or high risk in some way. They'll also put someone in a special area when they've been arrested but still haven't appeared before a judge.

Once you have been assigned to a cell, you stay in that cell most of the time, unless you make bail or get released on your own recognizance. You will get a limited amount of exercise time, and there are set hours of visitation for family as well as your attorney.

Condolences

Finally, sincere condolences to the Barrios family and those families of the car crash victims -- as well as those who love and care for the teenager who's been arrested in the Barrios murder. There has been a lot of tragedy here in SA over the past 24 hours.