Assault Arrests in Frederick County
Assault charges almost always begin with an arrest. Frederick County law enforcement officers are required to make an arrest for assault if they see an assault occur or if there is a report of an assault with adequate substantiating or corroborative evidence. However, if there is no direct witness or substantive evidence, officers will order the alleged aggressor elsewhere and recommend that the alleged victim submit their complaint to a commissioner.
If you have faced an assault arrest in Frederick County, it is likely in your best interest to start working with a dedicated criminal defense attorney. A lawyer could help explain your rights during an arrest and ensure that you are treated fairly through the entire arrest process. As soon after an arrest as possible, it is advisable to call an assault attorney and give no more information that is required by law to officers until your attorney is present.
What is Probable Cause in Frederick County?
Probable cause is when a law enforcement officer reasonably believes that a crime has been committed or will be committed, thereby giving them the right to stop, investigate, or arrest a citizen. If the chance a crime was committed or not is equal, also known as equipoise, then there is no probable cause, and an officer cannot effectuate an arrest. There is no clear line determining what constitutes probable cause in an assault arrest, so it is essential to work with experienced legal counsel because if the probable cause is dubious, the case may be thrown out at an early stage.
Reasonable Fear of Imminent Serious Injury or Death
Assault does not necessarily require physical action to lead to an arrest. Assault may simply be putting somebody in fear or apprehension of a harmful or offensive contact if it is reasonable. In order for an assault to have occurred, the alleged victim must believe that they are in absolute risk of harm, such as somebody winding up to punch them at point-blank range. It would likely not include someone preparing to make that same punch if they are 15 feet away or someone tapping another person’s shoulder, even if it is unwanted. However, every situation is unique, and varying factors could change the way the situation is perceived and handled.
What is the Arrest Process for Assault in Frederick County?
Once an individual is arrested for assault, they will be taken to a local precinct for fingerprinting and processing, and a Commissioner’s Office where they will be interviewed, not about the case, but more of their personal backgrounds such as work history, school, and connection to the community. The Commissioner is not a judge or an attorney. They are a public servant who is responsible for making a preliminary determination as to whether it is safe to release somebody from jail and under what conditions if any.
That is the first opportunity the individual will have to speak to an attorney or have an attorney’s assistance in pursuing their release. If they are released, it will be within a short period of time. If they are ordered to be held by the Commissioner, then the next business day, they will have a “Bail Review” in front of a judge where their attorney would also be present.
What Should a Person Do After They Are Arrested for Assault?
When an individual is charged and arrested for assault or any other crime, they should refrain from speaking to the police in general until their lawyer arrives. The police are there to gather evidence to use against them. Evidence could always be provided later, and it is best provided through an attorney. The police cannot call the attorney to testify about what they know, and an attorney is able to speak with investigators and prosecutors without reprisal, whereas an individual saying something out of context could be used as a confession.
The attorney is a spokesperson for the individual, and that is why they should not speak to the police. Contacting an attorney as soon as possible, and maintaining as much silence as possible until speaking with them is the best way to prevent self-incrimination.
Let an Attorney Help You Handle Your Assault Arrest in Frederick County
The law enforcement officers, prosecutors, and the alleged victim involved in the action will be fighting against you. They are looking for evidence to gather and use against you in an attempt to secure a conviction.
A defense attorney is the only person who will be working to fight against all that evidence and stand up for your rights. During a Frederick County assault arrest, it is best to have a lawyer at your side to give yourself the best chance of beating the charges. Call now to get the help you need.