When you turn 17 years of age, you are treated as an adult by the criminal justice system and can be arrested, jailed, and prosecuted for committing a crime. Under certain circumstances, a juvenile may be prosecuted as an adult.
If you are arrested for anything other than a minor traffic offense, the police have the right to:
- search your body, clothing and belongings;
- search your car if you are in it when the police stop you;
- fingerprint you; put you in a lineup; s
- ask you questions (but you are not required to answer;
- ask you to sign or write out or record a statement (but you are not required to do so);
- ask you to provide a handwriting sample (but you are not required to consent);
- ask you to consent to taking a sample of your breath, blood, semen, or hair (but you need not consent); or
- ask you to consent to a search of your home or other property you own (but you need not consent absent a search warrant).
When you are placed under arrest, you will be searched, handcuffed, and taken to the police station. If the police want to question you about the offense, they must first advise you of your rights by giving you a "Miranda" warning. These rights include a right not to answer any questions or make any statement, a right to have an attorney present during questioning, and, if you cannot afford an attorney, a right to have one appointed to represent you. If the police do not question you, they are not required to advise you of these rights.
If you choose not to answer questions or make a statement, and then the police continue to question you, tell them that you want to consult with an attorney. They must then stop questioning you immediately. A police officer has no authority to promise you anything in exchange for your statement, and if you make a written or oral statement it can be used against you at trial. If at first you decide to cooperate with the police, you can change your mind at any time and refuse further cooperation.
Once arrested, you must be brought before a judge "as soon as practicable" after being arrested. In many cases, this will be done within 24 hours after your arrest. But if you are arrested in an area of the state where criminal court is not held every day, you could be required to wait for as long as a week. The judge will tell you what you are charged with and inform you of certain rights. If your bond has not yet been set, the judge will also set bond.
The first time you appear in front of a judge, you should tell the judge that you cannot afford to hire an attorney but that you wish to have an attorney represent you. If you are charged with a crime for which you could be sentenced to serve time in jail or prison, a lawyer will be appointed to represent you if it is determined that you truly do not have the means to pay an attorney.
You will be released from jail if you are able to "post bond." In most cases you can post bond by hiring a bondsman or depositing the cash amount of the bond with the court. In some cases you can post bond by putting up property with the court or you may be eligible to be released on your promise to appear in court. When you post bond, you also promise to appear in court. If you do not appear as promised, the amount of your bond will be forfeited and a warrant can be issued for your arrest.
Whether you post bond or remain in jail, the judge will set the date of your next court appearance. If it is determined you do not qualify for an attorney to be appointed to you free of charge, you should consult a lawyer. The judge will give you adequate time to do this before you are required to enter a plea of guilty or not guilty. If you plead not guilty, a date will be set for your preliminary hearing or your trial. Criminal defendants have the right to a jury trial, but you must request it or the case will be decided by the judge. To be convicted of a crime, the prosecuting attorney must prove your guilt beyond a reasonable doubt. In some cases, the jury will recommend a sentence, but the final sentencing decision is up to the judge.

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