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Getting arrested in Mecklenburg County

 
 
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The facts surrounding a particular arrest are important.  It is also important to understand the arrest process, and what happens after.  Depending on the charges, clients behavior, and the availability of a magistrate will dictate the process.  The progression at the police station and in front of the magistrate judge is important to scrutinize because there are procedures in place that must be followed.

 
 

Talking To The Police:

The police are trained to elicit incriminating information from a suspect.  Talking to the police about your situation might ultimately be a good idea, but you need to consult an attorney about that course of action.  From the beginning, it is your right to remain silent.  Talking to others in the jail, friends, family, or anyone is a risk because they might try and offer the government information.  Also, you do not want to have these people potentially called as witnesses, giving the government potentially more ammo for their case against you.

 

The Police Station:

It should come to no surprise that if you end up in the back of a police car, you’re going to be sent to the police station.  An individual is brought into the police station if they were arrested based on probable cause or if there was already an arrest or warrant issued for that individual. 

 

Phone: (980) 613-4849

Email: TJP@charlottelawoffices.com

Location

615 South College Street 9th Floor
Charlotte, NC 28202

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Magistrate Judge

 

The magistrate judge has the authority to officially charge the individual with the crimes the police officer allege that has transpired.  After the police officer brings the person into the station, he or she provides the facts to the judge about why the person was arrested.  The judge then applies the law and decides if they believe there is enough probable cause to justify the arrest, charge a crime, and issue a warrant.

How does the Magistrate determine bail amount:

  1. Nature of charges
  2. Strength of evidence
  3. Ties to the community
  4. Length of time in the community
  5. History with the court
  6. Criminal history
 
 

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