What Happens After I am Arrested?

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After an arrest, things move quickly. This can be daunting for many people, especially to the those new to the legal process

So let’s break it down here to make it a little less intimidating.

After an Arrest

  1. The first thing that happens is the booking process.The booking process happens before you can get out of jail and consequently before you can go home. During this time, the police take photos and fingerprints.
  2. The fingerprints then go to Sacramento for the background check. Once the background check is complete, then the case may move forward. Understandably, law enforcement does not want to release people who may have a murder warrant.
  3. At that point there are a few ways toward a release from jail.
    • Take a citation. The police give the defendant a notice to appear in court if it’s a relatively minor offense. The occasion for this to happen depends totally on where your offense took place. A few examples include petty theft, a first offense DUI case, or a traffic violation. They give you something that looks like a ticket ad you promise to appear.
    • Post bail. For a more serious offense, he judge will set bail. Every county is different but every county has a public bail schedule that’s going to list every single crime there is and the amount of presumably reasonable bail that applies.

So at that point its up to the person or their friends and loved ones to either post the cash amount of bail or to use a bail bondsman. And how this plays out is going to be very different depending on which choice somebody makes and that’s probably better reserved for another video.

There is one other opportunity available after an arrest. If they do not post bail or take a citation for release, then they will go court. Generally, this happens in about 48 hours after an arrest. At this point, the judge may simply choose to release them. Next, then the attorneys can argue about whether bail should go up or down in amount.

If the person gets released they are out and they get to fight their case from out of custody. Otherwise they’re going to be in custody and the have to fight their case from inside.

Consult an Attorney

If you’re ever wearing handcuffs call 1-800 No Cuffs and remember if the police want to talk to you – you want to talk to us first. Call us an speak with an experienced criminal defense attorney who will fight to protect your rights.

If you are ever wearing Handcuffs call 1-800 No Cuffs.


Darren Kavinoky
Darren Kavinoky
Founder at 1-800-NoCuffs
Darren Kavinoky is the founder of 1.800.NoCuffs–The Kavinoky Law Firm and is known as an award-winning criminal defense attorney.

The American Trial Lawyers Association has named him one of the “Top 100 Trial Lawyers in California” each year since 2007. Los Angeles magazine has identified Darren as a “SuperLawyer” every year since 2010. Darren received an “AV Preeminent Rating” by Martindale-Hubbell (a peer review ranking that signals the highest level of professional excellence and ethics); a perfect 10.0 Rating by Avvo.com (an independent attorney ranking site), and many other accolades.