What Happens When You're Booked Into Jail?
Unlike what "Law and Order" has taught you, when you get booked into jail after an arrest on criminal charges you don't flash forward to your first hearing seconds later.
It's also unlikely your lawyer is going to come crashing through the doors of the police station once you arrive at the jail, even if you are hiring your own criminal defense attorney rather than relying on a public defender. Even if your attorney was there, it wouldn't make much difference at that point.
The Booking Process
Those first few minutes in jail aren't the intimidating questioning process you've seen on television. The booking process is something else entirely.
When a suspect is booked, the booking officer literally has to document the alleged crime and the suspect's name in a book. The "book" may now be a computer file, but the idea is the same.
Another word for booking is "processing," and during this time a police officer will note the details of what happened.
That includes getting the suspect's personal information including name, date of birth, and any physical characteristics. To get that information, the officer may ask for identification which you are required to provide if asked. Contact information including home address and phone number will also be gathered.
The officer will also take fingerprints, a photograph (that's where the mug shot comes from) and a strip search or full body search of the suspect will happen to recover any contraband such as drugs or weapons. Depending on the type of criminal case, the arrestee may be requested to provide a DNA sample or take a blood test. State laws differ on whether an arrestee is required to provide these samples so wait for your attorney before you consent.
Any personal items such as a purse, keys, wallet, or a cell phone will be confiscated. This personal property isn’t gone forever. It will be returned upon release. There's also usually a phone nearby to make that "one phone call" to a family member or your attorney.
Besides the information the suspect provides, this is the time when the police officer writes down the alleged crime and reasons for arrest. The suspect's name and fingerprints will be used to determine if the person has a prior criminal record. This will include any outstanding warrants the suspect may have as well as any gang affiliations that law enforcement is aware of.
Your Rights During Questioning
It's not until police start asking you questions about what happened at the scene of arrest or put you in a lineup with other suspects that you definitely need to have an experienced criminal defense attorney present. If you are under arrest, the police officer must advise you of your Miranda rights (which are the ones you are familiar with from t.v.) before questioning you. Whether or not you are read your rights, it's appropriate (and recommended) to say you want to speak to an attorney and refuse to participate in further questioning until your criminal defense lawyer arrives.
The Bail Process
For minor offenses, booking may be your first and last stop in county jail and you'll be on your way with just a citation. If the charges are more serious you will stay in a holding cell until a bail hearing can be held and a bail amount is set. At that hearing you could be released on your own recognizance (which means no bail) or you may be held until posting bail. If you cannot afford the bail you or your loved ones can hire a bondsman to put up a bail bond on your behalf.
A bail hearing is not the time to present evidence or fight the charges. That will happen at a preliminary hearing court date where probable cause will be determined by a judge. You should consult a local criminal defense attorney before this court appearance and obtain legal advice.
Related Resources:
- How to Not Go to Jail (FindLaw's Law and Daily Life)
- Common Criminal Law Questions (FindLaw’s Learn About the Law)
- Sentencing (FindLaw’s Learn About the Law)
