Dealing with a Rape Arrest: What to Expect

If you are arrested and charged with rape, or any crime for that matter, you should expect specific procedures to occur. These include processing as well as an arraignment. Depending on how you choose to plead to a rape arrest, you may also face a subsequent trial.

ARREST

When you are lawfully arrested, police have the right to search you. However, if you are arrested in your home, in most states a search warrant is required to search the premises or seize any property.

MIRANDA RIGHTS

At your arrest, police are required to give you your Miranda rights. These include:

• the right to remain silent and refuse to answer questions;
• to be informed that anything you say to the police may be used against you in court;
• the right to consult with an attorney before speaking with the police;
• to be informed that if you cannot afford an attorney, one can be appointed for you before any questioning; and
• if you waive your right to an attorney before questioning, you retain the right to stop answering questions and subsequently request an attorney.

PERSONAL PROPERTY

At the time of your arrest, your money and any personal property on you will be taken, inventoried and placed in safe storage. You will be asked to sign the inventory and given a receipt specifying the amount of money.

PROCESSING

FINGERPRINTING, PHOTOS, LINE-UP

Processing may require that your fingerprints and photo be taken. You may also be required to participate in a line-up for purposes of identification. You have the right to have your attorney present during the line-up.

DNA

In some jurisdictions, anyone arrested for a felony can be required to submit to DNA collection. This procedure may entail a mouth swab or a giving a blood sample.

QUESTIONING

You cannot be punished for refusing to answer questions. This means that your refusal will not be used as probative evidence as to your culpability.  As the Miranda rights indicate, you have the right to have an attorney present at your questioning. If you waive your right to remain silent, you will be asked to sign a waiver.  In cases of a language barrier or a physical or mental condition that prevents you from fully understanding your rights, an officer may make a record of that fact. If you were threatened or forced to sign, or even promised something in return for your signature, you must tell your attorney at once.

ARRAIGNMENT

The initial court appearance is called the arraignment. Here again you will be advised of your Miranda rights. If you were arrested without a warrant, you have the right to request that the judge to release you on bond. The judge will take factors into consideration including any prior records or any perceived danger to the community. If the police will not release you and you cannot post a surety bond, you can ask the judge to set bond. You may also request any preliminary hearing allowed by statute.

TRIAL

If you go to trial, the case will be presented to a jury. If you are found guilty, the judge will impose a statutory sentence. If you are found not guilty, you can subsequently petition to have all records of your arrest and prosecution formally expunged.

Talk to a Criminal Defense Lawyer

It is imperative that you retain an experienced attorney if you are arrested and charged with rape. A lawyer will ensure the protection of your rights at each step from arrest to trial.