An arrest can undoubtedly be an overwhelming experience for you and your family. In those very first hours and days after an arrest and booking, the steps you will take and not take can influence the entire direction of the alleged case. The police arrest more than one million people every year, but an arrest does not automatically mean a conviction is inevitable.

How long you will remain in jail after an arrest depends on your specific charges and the facts of your case. Nevertheless, what happens after an arrest and booking is little understood by the public. If you are wondering what happens after an arrest and booking, you are in the right place.

Booking is a mandatory administrative procedure you must undergo after an arrest, which involves various activities, including recording your name and charges, taking your fingerprints, and a mugshot.

After this administrative procedure, the following will happen:

Pretrial Release

After the booking process, the next phase is the pretrial release. The legal justice system is specially designed to ensure that you appear for your scheduled court hearings while also protecting your freedom. After an arrest and the booking process, the court allows you to post bail to secure your release from jail pending trial.

Bail is the financial guarantee you provide to the court, promising you will appear in court after securing your pretrial release. Your pretrial release depends on the seriousness of the alleged violation. Most non-serious or non-violent offenses may not require bail, and the court could give you an Own Recognizance (O.R.) release.

The O.R. release only requires you to sign a promise that you will make all your scheduled court appearances after securing your pretrial release. Whether or not you will qualify for an O.R. release will depend on the facts of your unique case, such as the following:

  • The seriousness and nature of the alleged offense
  • Your past criminal background
  • Your risk of fleeing after your release from jail

After an arrest, the police must present you to the court without unnecessary delay (typically within forty-eight hours), excluding holidays and weekends. At the arraignment, the court will:

  • Read your alleged charges
  • Give you a chance to take a plea of your choice, including not guilty, no contest, or guilty plea
  • Review your case to determine your eligibility for bail and the amount
  • Set the date for your next hearing

The services of a credible attorney during this hearing can make a significant difference in your case. A seasoned attorney can provide mitigating arguments to convince the court to dismiss your case or award you a lower bail amount.

The Pre-Trial Hearing

After the arraignment, your case will proceed to the pretrial phase of the criminal justice system. During the pretrial hearing, the following will happen:

  • The prosecutor and your attorney can exchange their evidence (discovery)
  • Your criminal defense attorney will have a chance to file his/her pretrial motions, including a motion to dismiss and a motion to suppress evidence
  • The prosecutor and your attorney will negotiate for a favorable outcome

Most cases will be resolved at this stage of the criminal court system through legal challenges or negotiations.

The Trial

If the judge will not dismiss your charge at the pretrial hearing, the case will proceed to the trial. At the trial, a judge or jury will determine whether the allegations you are facing are true and give a verdict on the case. To secure a guilty verdict against you at the trial, the prosecutor bears the burden to prove that the allegations filed against you are true beyond a reasonable doubt.

If your attorney can provide convincing evidence to raise a doubt on the prosecutor’s case against you, the court will dismiss or reduce your case to a lighter charge. However, the court will convict you of the alleged offense if the prosecutor's evidence against you is convincing beyond a reasonable doubt.

The Sentencing Hearing

After a conviction at the trial, your case will proceed to the sentencing phase, where a judge or jury will determine the appropriate sentence or punishment for your offense. The sentence you will face for your offense will depend on the following:

  • The facts and circumstances of your unique case
  • Your attorney's mitigating arguments
  • Your criminal record
  • Your behavior during the prosecution process

Nonetheless, the sentence you could face for your violation could range from fines and probation to a jail term.

The Appeal Hearing

After a conviction for any offense, you could have a chance to appeal the sentence or conviction if you or your attorney believes that a procedural or prosecution error affected the outcome of your case. An appeal will require your attorney to file and present the case to a higher court for review. If the appeal works in your favor, your case could be scheduled for a new trial or your sentence modified.

Steps to Take After an Arrest and Booking to Increase Your Odds of Securing a Favorable Outcome

As mentioned in the previous sentence, what you do immediately after an arrest and booking can significantly influence the outcome of your case. Here are the steps that can increase your odds of securing a favorable outcome after an arrest and booking:

  • Stay calm and exercise your constitutional rights, including the right to remain silent
  • Contact a reliable criminal defense attorney as soon as possible
  • Understand the bail process and pretrial release options available
  • Prepare for the scheduled hearing by writing down what happened before the arrest while your memory is still fresh

The assistance of a skilled criminal defense attorney immediately after an arrest and booking is key to securing a favorable outcome.

Find a Seasoned Criminal Defense Attorney Near Me

An arrest does not automatically mean that a conviction is inevitable. What you will do and not do immediately after an arrest will influence the outcome of your case. Ensure the attorney you choose for legal representation on your case is reputable and has experience with the local courts for the best possible outcome.

We invite you to contact Mr. Nice Guy Bail Bonds for more information about pretrial release after booking.