Getting arrested is a long and dreary process, and knowing what to expect when getting arrested will help immensely when facing legal issues with law enforcement or the court system. Anyone can get arrested, with or without a charge for a crime. Simply being present around a suspected crime may result in getting arrested, regardless if there’s a conviction. As Houston’s top bail bonds company, we want everyone in Harris County and beyond to be aware of the law and know their rights.

Whether or not you have a warrant for your arrest, knowing what to expect when getting arrested is important for every citizen and non-citizen alike. According to the US Constitution, every person on US soil is protected by law—regardless of their conviction status.

Related: 5 Crucial Tips For First Time Inmates

Can You Get Arrested Without Being Questioned?

The answer is simply no. The US Constitution offers protections under American law for both citizens and non-citizens alike when it comes to getting arrested.

First and foremost, police or law enforcement must have a formal reason for arresting you. Under the US Constitution, police cannot detain you or force you to go anywhere without first informing you of why a formal arrest is being made. As a person in the United States, you have the right to ask whether or not you’re being arrested. If the police or law enforcement are not arresting you, you have the right to leave. Police cannot detain you, and any searches or interrogations after that point require a warrant. 

What Happens When You Get Arrested?

Getting arrested is the process of being temporarily detained for a crime (or suspected crime). The temporary status of detainment depends on the crime and the following investigation or trial.

When law enforcement arrests you, they take you to a detention facility for booking. The booking process may take anywhere from a few hours to 72 hours, depending on the day, time, and waiting list of the facility. Once you’re booked, you are given a jumpsuit and a cell. After that point, you have nothing but time.

Can You Get Arrested Without a Warrant?

The short answer is yes, but the long answer is not without probable cause. If the police or law enforcement can’t inform you as to why you’re being arrested, they can’t arrest you. In order to make a formal arrest, police must first have enough probable cause and tell you exactly why you’re being arrested.

See: The Do’s and Don’ts When Getting Arrested

What Happens When You’re Arrested but Not Charged?

An arrest is only detainment. An arrest doesn’t mean you’ve been charged with a crime, or that you’re guilty of a crime. However, it’s possible to be arrested without ever getting convicted of a crime. If police have enough probable cause to suspect that you’re guilty of a crime, they can arrest you and take you to jail. However, it’s important to remember that this doesn’t mean you’re guilty.

You have the right to speak to a lawyer and protect yourself at all times during the process of being arrested. If you can’t afford a lawyer, one will be provided to you. Under the US Constitution, everyone has the right to protect themselves if they are suspected of a crime.

ABC Bail Bonds

We are the most trusted bail bonds company in Houston, Texas. For over 25 years, we have helped Harris County residents understand their rights and know what to expect when dealing with law enforcement or the court system. We bail Houston and Harris County inmates out of jail swiftly so they can return to their lives, and more importantly, resolve their legal issues.

To bail someone out of jail fast, contact us today.