We often see arrests carried out on TV, and they are often portrayed as happening quickly. While the initial arrest might happen fast, the entire process takes more time. The police will likely take you into custody at the local jail in Atlantic County for processing. How long this takes can vary from case to case.
Getting processed in an Atlantic County jail might only take a few hours or a few days, depending on the situation. In more severe cases involving violent felonies, the police will likely take longer to process you, as they must make sure that everything is done correctly. However, you should not be held in custody without charges for too long. If you are held for more than 48 hours, you should ask your attorney for help immediately. After you are processed, the police may begin custodial interrogation, and you should demand an attorney before answering any questions.
Get a private, free case analysis from our Atlantic City criminal defense lawyers with the Law Offices of John J. Zarych by calling (609) 616-4956.
Getting Processed in an Atlantic County Jail
After a person is arrested, they may be taken to jail, where they must be processed before being questioned. Being processed involves taking various personal information so the police can properly identify a suspect. They may also check for things like outstanding warrants, prior arrests, or criminal convictions.
Processing may take a few hours or more than a day. It depends on the specific facts and circumstances of your case. Generally, more serious cases involving more complex facts tend to take longer to process. If you are arrested for something like a minor disorderly persons offense, you will probably be processed relatively quickly.
The more you cooperate, the faster you may be processed. People who have been arrested sometimes resist police efforts to get more information about them, even if this information is not used for incriminating purposes. Remember, processing is not meant to be used as evidence against you, so refusing to cooperate will only make everything take longer.
How Long Can You Be Held in an Atlantic County Jail?
While processing can take some time, you must either be released from jail or formally charged within a certain period of time, barring special circumstances.
After being arrested, you may be held by the police in jail for no longer than 48 hours unless prosecutors file a motion for pretrial detention. According to the New Jersey Court Rules § 3:4-2(a)(1), you must be brought before a judge for your “first appearance” within 48 hours of your arrest. This means that processing must be completed by this time, or you must be released.
Generally, the police are not keen to prolong the process, as this may eat into their time to question you about the alleged offense before prosecutors must assess charges. If you are held for too long, explain what happened to your attorney as soon as possible.
What to Do if You Are Held for Too Long in Jail
It is not unusual to be held in police custody for longer than you would like. However, if you are held for more than 48 hours with no word on whether charges will be pressed, you should get help from your attorney immediately.
Tell your lawyer as soon as possible about how long you have been waiting in jail. Processing can take a while, but it should not take more than 48 hours unless very special conditions exist. If they do, your attorney should know about them so they can make sure that the authorities do not trample over your rights.
If there are special reasons why you have been held for so long in jail, your attorney can help you demand to be released. Our Atlantic County criminal defense attorneys might have to get help from a judge if the police refuse to cooperate or mistakenly believe that they have done nothing wrong.
When to Call an Attorney From Jail
No matter how long you have been held in jail, it is a good idea to call a lawyer for help as soon as possible. If you have been held because processing is taking a long time, you should still call a lawyer so they can try to prevent you from being held for too long.
Typically, after being arrested, you may be given the chance to contact an attorney before the police begin custodial interrogation. When the police read you your Miranda rights, they should explain your right to remain silent and to have a lawyer with you during questioning. Invoke these rights immediately.
You might have to wait for processing to be completed before you can call anyone, even if the police have few questions for you. As such, you might have to wait for a few hours before you can call an attorney for help.
What Happens After You Are Processed in Jail?
Processing can take time, but you must be prepared for what happens after.
The police may take you in for questioning about the alleged offense, and you might be caught off guard. The police are required by law to explain your Miranda rights, and you are allowed to refuse to answer any questions at all. If you choose to answer questions, you have a right to have a lawyer with you while you do it, so you do not accidentally incriminate yourself.
Depending on what the police learn during questioning, you might be formally charged or released from custody. If you are not released, your attorney can help you figure out why and what happens next.
Speak to Our Atlantic County Criminal Defense Attorneys Right Away
Get a private, free case analysis from our Brigantine, NJ criminal defense lawyers with the Law Offices of John J. Zarych by calling (609) 616-4956.
