{"id":352249,"date":"2024-07-09T14:50:00","date_gmt":"2024-07-09T19:50:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-procedure\/chronology-the-arrest-process.html"},"modified":"2024-07-09T14:50:00","modified_gmt":"2024-07-09T19:50:00","slug":"chronology-the-arrest-process","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-procedure\/chronology-the-arrest-process.html","title":{"rendered":"The Arrest Process"},"content":{"rendered":"\n
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The Arrest Process<\/h1>\n
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\n By Sarah Williams, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

In criminal cases, typically after an arrest, you’re booked into jail. Then, you’re taken before a judge for arraignment to enter a plea. Lastly, you’re entitled to a bail hearing which can result in pre-trial release.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

If you are arrested and taken to jail, your first concern is likely how to get out. But several things must happen before the authorities release you.<\/p>\n

An arrest typically involves a booking<\/a> process and a bail hearing<\/a> to determine your release pending trial and setting the bail amount. You can post bail yourself or through a bail bond agent<\/a>.<\/p>\n

This article describes the arrest, booking, and bail process, which is the first step in a criminal case. Learn how bail bonds work, who sets bail amounts, and how they can help secure a person’s release from jail. But if you need personalized advice after an arrest, you can talk to a criminal defense attorney<\/a>.<\/p>\n

An Overview of the Arrest Process<\/h2>\n

An arrest occurs when someone’s taken into police custody and can no longer leave or move about freely. A judge or magistrate may sign an arrest warrant<\/a> upon showing probable cause in a criminal case. A warrant provides police legal authorization to place a suspect under arrest. Typically, police execute the warrant at the suspect’s home.<\/p>\n

When and how an arrest takes place is very important. People handcuffed and read their rights know they are under arrest. However, not everyone arrested is handcuffed or explicitly told they are under arrest. The court will exclude evidence if proper procedure is not followed or dismiss the case altogether.<\/p>\n

Learn more about the arrest process<\/a>, the basis for a legal arrest, challenges to unlawful arrests<\/a>, the rights of those arrested, and other relevant issues.<\/p>\n

Police Actions During an Arrest<\/h2>\n

If the police stop you, they may frisk you<\/a> by performing a pat-down of your outer clothing to see whether you’re concealing a weapon. Later, if you’re arrested, they can perform a full-blown search of your person and immediate surroundings to ensure you don’t have any weapons, stolen items, contraband, or evidence of a crime. If the police take possession of your car, it may be searched as well<\/a>.<\/p>\n

The police may take and secure your personal property or money after performing an inventory at the police station. The police will ask you to sign the inventory. You should only do so if you agree with the contents of the inventory.<\/p>\n

Police Actions During the Booking Process<\/h2>\n

Once arrested, you’re booked<\/a>. During this part of the criminal process, the police will record information from the arrest, the type of charge (such as a misdemeanor or felony case) and record personal information into the police register.<\/p>\n

The booking process<\/a> includes basic information about yourself, such as your:<\/p>\n