Need some help (Beach Town Legal Questions)

[Cogswel_Cogs]

Hi

I have not been arrested, thankfully.

I am finishing up my latest book and could use some help.
If anybody has answers to following it would be so greatly appreciated.

Main character gets arrested in beach town community off season for fighting with a minor.

If you were to get arrested after 5pm on Friday, would you be arraigned on Monday?
If you are arranged on Monday, would you meet the court appointed lawyer on Monday? If so right before you plea?
If you wanted to speak with anyone when you met lawyer would you or the lawyer be able to do so before you were arraigned?
If someone wanted to see you over weekend would they be able to?
Would you be allowed any phone calls (Just one). Or more being the longer time of detainment.
Are there any differences with beach towns legal systems from season and off season. (Night court etc.)

 

[Darcy03231]

Hi

I have not been arrested, thankfully.

I am finishing up my latest book and could use some help.
If anybody has answers to following it would be so greatly appreciated.

Main character gets arrested in beach town community off season for fighting with a minor.

If you were to get arrested after 5pm on Friday, would you be arraigned on Monday?
If you are arranged on Monday, would you meet the court appointed lawyer on Monday? If so right before you plea?
If you wanted to speak with anyone when you met lawyer would you or the lawyer be able to do so before you were arraigned?
If someone wanted to see you over weekend would they be able to?
Would you be allowed any phone calls (Just one). Or more being the longer time of detainment.
Are there any differences with beach towns legal systems from season and off season. (Night court etc.)

As each state can have different laws, it would depend on the state.

Where I live as long as you can make bond you can get out of jail on a Friday/Saturday/Sunday. If you can't make bond you would stay there until Monday. With the scenario you describe, as long as the character doesn't have a criminal history, he/she would likely be released on personal recognizance or a very small bond.

You'd have to ask for a court appointed attorney at your arraignment and fill out paperwork to see if you qualify.

No court appointed lawyer before the arraignment.

You would not get visitors in jail over the weekend.

You need to be set up in the system to make phone calls from jail (no incoming calls) so probably not. When arrested you're allowed three phone calls, as long as they're local.

Not that I'm aware of.

 

[Cogswel_Cogs]

Thanks so much for the feedback.

Anyone else know of a situation where visitor was permitted. Am hoping to do this in the story. I
Officer accompanies the visitor, and it is brief and done in part because her phone was not at precinct and she did not know any numbers by heart so captain permitted the visitor.

 

[fla4fun]

Well, I think it depends on where this is taking place. You have a lot of creative license if the incident takes place in a fictional small town, versus setting it in Miami or New York City, or L.A., for example. I think the reader would buy into a physical visit happening in a place where they can’t get on Google and find out exactly what the procedures are In that place.

If the rest of the story is taking place in a big, recognizable city, perhaps move this particular interaction to the edge of the city. I grew up in a small town suburb of a large capitol city, that had a trailer for the police station and local jail, and a very unusual police department, to put it politely. If a story were set there, a physical visit would not seem unusual. Basically, the police had carte blanche to do what they wanted (and have since been dissolved).

As a fellow writer, good luck with your plot twist!

 

[Darcy03231]

If you're not setting your book in a fictional town, I'd just call the police department where the setting is, explain what you're doing and get the information directly from them.

 

[_19disnA]

Local laws vary based on the particular town/city so it is hard to generalize. If you are writing a story based on some fictional location, you get to set the rules. If your intent is to be technically accurate and a 'true' story set in a specific location, then contacting that city is where I would start.

 

[Cogswel_Cogs]

Main story takes place in NYC, but scenes in question take place on long island. Arrest takes place on side of the road made sure its a local road so it would not be State troopers. I'm using non fictional towns for time being, but could easily switch over. Regardless it a rich town (Quogue/West Hampton) like stetting.
It's close to the ending of the book, and very important part but small enough that making it fictional town if needed would be minimal re-write. No real landmarks discussed and everything is moving so fast at the point that geo descriptions are sparse.

 

[JLTraveling]

As a fellow writer, I second the suggestion to make it a fictional town. If you make it a real town, some reader will either have been arrested in that town or been a cop in that town, and will nail you to the wall for any perceived or actual inaccuracies. If it's a small piece of the story and you're not doing much geo description anyway, I'd just save myself the headache. Best of luck with it!

 

[Cogswel_Cogs]

A friend who worked for DA for many years said some towns have emergency judge on call. they come to precinct? Anyone ever here of this if so do they deck out in their robes or casual clothe?

 

[disneychrista]

In my area (Rural Northern California):

If you were to get arrested after 5pm on Friday, would you be arraigned on Monday? - You would likely not be arraigned until Tuesday. You are arraigned within 48 hours, not including weekends & court holidays.

If yo:u are arranged on Monday, would you meet the court appointed lawyer on Monday? If so right before you plea? -You would not get a court appointed attorney until you appear in court. Your plea could be postponed, if needed, until you have been able to confer with the attorney.

If you wanted to speak with anyone when you met lawyer would you or the lawyer be able to do so before you were arraigned? - See above

If someone wanted to see you over weekend would they be able to? - If you have been booked into jail, you would be eligible for normal visitation. Depending on when you were arrested on Friday, you may not be eligible for regular visitation until Sunday

Would you be allowed any phone calls (Just one). Or more being the longer time of detainment. - If are booked into the jail, not just being detailed but arrested & booked, as of 1/1/23 you could make as many phone calls to anyone you want using the "jail house" phone.


Are there any differences with beach towns legal systems from season and off season. (Night court etc - My local court house does not do night court for criminal cases.

 

[china mom]

Not a lawyer but a retire police officer of 26 years (urban/suburban department inland). Five years as a court employee in a small rural community. Current police department employee in a rural community.

If you were to get arrested after 5pm on Friday, would you be arraigned on Monday? In Maryland you would go before a commission within hours of the arrest and likely released on personal recognizance for the assault. For more serious crime or other circumstances, you might get a high bail/no bail and you would have a bail review Monday morning. You are only "arraigned" for felony charges and that could happen a month later.
If you are arranged on Monday, would you meet the court appointed lawyer on Monday? If so right before you plea? When you appear before the commission, you are given the opportunity to request a public defender. They could represent you at the bail review if you qualify. You are not pleading at the bail review - that comes months later.
If you wanted to speak with anyone when you met lawyer would you or the lawyer be able to do so before you were arraigned? Other than the bail review, you do not have a right to speak to anyone, even a lawyer unless being questioned about the crime. The lawyer representing you at the bail review would speak to you before the hearing.
If someone wanted to see you over weekend would they be able to?
Would you be allowed any phone calls (Just one). Or more being the longer time of detainment. While being held at the police station, there is no inherent right to a phone call unless it is to speak to an attorney and then ONLY if you are going to be questioned by the police. Once you are transported to the detention center/jail a phone will be available for you to make collect calls. How many and how accessible it is is dependent on the particular facility. No visitors, other than the lawyer at the local PD/Sheriff Dept. The detention center does have visiting hours but the rules will vary by location
Are there any differences with beach towns legal systems from season and off season. (Night court etc.) Yes and no. I am pretty sure that everything holds true for every jurisdiction in Maryland but I am familiar with Ocean City Maryland where they do have a way of catering to tourists who are likely to only be there for their vacation. They do have an accelerated court appearance schedule for misdemeanors where you can get arrested, plead guilty, and be sentenced in one business day. You can even do your community service back in your hometown. This is usually reserved for quality of life crimes such as loud noise, disorderly conduct, jaywalking, drinking in public etc.

Anyone else know of a situation where visitor was permitted. Am hoping to do this in the story. I
Officer accompanies the visitor, and it is brief and done in part because her phone was not at precinct and she did not know any numbers by heart so captain permitted the visitor. Not in my 30+ years in law enforcement but, television, movies and novels take liberty with this all the time and it does not bother me as a viewer/reader. But, if the arrestee doesn't know any phone numbers and doesn't have her phone, where did the visitor come from and why can't they just give the jailer the number?

 

[nw6675]

Just from a personal reader perspective, if I "know" the real life truth about a location or situation, it can sometimes ruin the reading or that portion of it. As others mentioned, I would contact the police department close to where it will take place even if it ends up being a fictional location.

Not exactly the same, but the book Where the Crawdads Sing was ruined for me because as a NC native, the idea that the coast to Asheville was even remotely close enough to shop in or just travel over to quickly made me lose faith in the author.

 

[JLTraveling]

Just from a personal reader perspective, if I "know" the real life truth about a location or situation, it can sometimes ruin the reading or that portion of it. As others mentioned, I would contact the police department close to where it will take place even if it ends up being a fictional location.

Not exactly the same, but the book Where the Crawdads Sing was ruined for me because as a NC native, the idea that the coast to Asheville was even remotely close enough to shop in or just travel over to quickly made me lose faith in the author.

Haha, not quite the same, but I get that feeling whenever I watch Ernest Saves Christmas. How Harmony Starr managed to run all the way from the train station (Downtown) to the museum (Winter Park) in order to save Christmas is beyond me. That's close to 5 miles, and she made it on foot in something like 20 minutes.

 

[fla4fun]

Not exactly the same, but the book Where the Crawdads Sing was ruined for me because as a NC native, the idea that the coast to Asheville was even remotely close enough to shop in or just travel over to quickly made me lose faith in the author.

Distance and time is so easily double checked via Google Maps or similar programs that there isn’t an excuse to make this kind of error anymore. I do allow for anomalies when the book was written prior to the internet though.

When I am writing about a place I have never been, I spend a lot of time in street view on Google Earth as well. I want to know where my winding, two-lane highway intersects with the interstate. I want to know what my character will see when they walk from point A to point B. I know there’s still a good chance I will miss a detail here and there, but I do feel it’s important to research as much as possible.

I have been known to go to Google Earth while reading a book, to see the place I am reading about. I figure my future readers will do the same, so I want to be prepared.

 

[Mysterian]

Haha, not quite the same, but I get that feeling whenever I watch Ernest Saves Christmas. How Harmony Starr managed to run all the way from the train station (Downtown) to the museum (Winter Park) in order to save Christmas is beyond me. That's close to 5 miles, and she made it on foot in something like 20 minutes.

I felt crestfallen after Ernest Scared Stupid, which takes place in Missouri, yet features a troll that is clearly an Arkansas troll. Just because Ernest is stupid doesn't mean the audience is too!

 

[Cogswel_Cogs]

Thanks for all the help. Think I have most the scene written. One nore question. I have her getting locked up, on friday night and then being arraigned by on call judge who comes to precinct late Saturday afternoon.
What would precinct do for her to eat. Would they get her bagel or something on Saturday Morning and sandwich or something for lunch. I am assuming they have to feed her.

 

[disneychrista]

Thanks for all the help. Think I have most the scene written. One nore question. I have her getting locked up, on friday night and then being arraigned by on call judge who comes to precinct late Saturday afternoon.
What would precinct do for her to eat. Would they get her bagel or something on Saturday Morning and sandwich or something for lunch. I am assuming they have to feed her.

Unlike TV shows if someone is arrested here they go to jail. She would get the same food that other inmates get. In my county there is one jail. So anyone arrested within the county goes to the jail. I live in a larger county, some have to be transported 90 minutes to the jail. Including anyone arrested on our coast.

 

[disneychrista]

Just from a personal reader perspective, if I "know" the real life truth about a location or situation, it can sometimes ruin the reading or that portion of it. As others mentioned, I would contact the police department close to where it will take place even if it ends up being a fictional location.

The book series Womans Murder Club is set in San Francisco. The author (James Patterson) routinely has things in the books that make me shake my head. Like having a character use Hellman’s Mayo. When we don’t have that in California we have Beat Foods. Same brand different name. Or picking up food from a restaurant that isn’t around here. It doesn’t ruin it for me but makes wonder why they didn’t do a little more research.

 

[Stratman50th]

Not a lawyer but a retire police officer of 26 years (urban/suburban department inland). Five years as a court employee in a small rural community. Current police department employee in a rural community.

If you were to get arrested after 5pm on Friday, would you be arraigned on Monday? In Maryland you would go before a commission within hours of the arrest and likely released on personal recognizance for the assault. For more serious crime or other circumstances, you might get a high bail/no bail and you would have a bail review Monday morning. You are only "arraigned" for felony charges and that could happen a month later.
If you are arranged on Monday, would you meet the court appointed lawyer on Monday? If so right before you plea? When you appear before the commission, you are given the opportunity to request a public defender. They could represent you at the bail review if you qualify. You are not pleading at the bail review - that comes months later.
If you wanted to speak with anyone when you met lawyer would you or the lawyer be able to do so before you were arraigned? Other than the bail review, you do not have a right to speak to anyone, even a lawyer unless being questioned about the crime. The lawyer representing you at the bail review would speak to you before the hearing.
If someone wanted to see you over weekend would they be able to?
Would you be allowed any phone calls (Just one). Or more being the longer time of detainment. While being held at the police station, there is no inherent right to a phone call unless it is to speak to an attorney and then ONLY if you are going to be questioned by the police. Once you are transported to the detention center/jail a phone will be available for you to make collect calls. How many and how accessible it is is dependent on the particular facility. No visitors, other than the lawyer at the local PD/Sheriff Dept. The detention center does have visiting hours but the rules will vary by location
Are there any differences with beach towns legal systems from season and off season. (Night court etc.) Yes and no. I am pretty sure that everything holds true for every jurisdiction in Maryland but I am familiar with Ocean City Maryland where they do have a way of catering to tourists who are likely to only be there for their vacation. They do have an accelerated court appearance schedule for misdemeanors where you can get arrested, plead guilty, and be sentenced in one business day. You can even do your community service back in your hometown. This is usually reserved for quality of life crimes such as loud noise, disorderly conduct, jaywalking, drinking in public etc.

Anyone else know of a situation where visitor was permitted. Am hoping to do this in the story. I
Officer accompanies the visitor, and it is brief and done in part because her phone was not at precinct and she did not know any numbers by heart so captain permitted the visitor. Not in my 30+ years in law enforcement but, television, movies and novels take liberty with this all the time and it does not bother me as a viewer/reader. But, if the arrestee doesn't know any phone numbers and doesn't have her phone, where did the visitor come from and why can't they just give the jailer the number?

Also a retired MD LEO and I want to thank you for saving me a bunch of typing!