When someone is arrested, the experience is often chaotic, confusing, and emotionally overwhelming. At Morrison & Hughes, we understand how critical it is to have clear guidance during these moments. Criminal defense attorney Kate Hayden helps clients navigate every stage — from the moment they’re taken into custody to the conclusion of their case.
Here’s what really happens after an arrest and how the legal process unfolds.
The Arrest and Booking Process
An arrest typically begins when a law enforcement officer believes there is probable cause that a crime has been committed. Probable cause means the officer has a reasonable basis to believe a person was involved in criminal activity. This can happen on the scene of an alleged incident or after the fact, depending on the situation.
Once under arrest, the individual is handcuffed, taken to jail, and booked. Booking includes fingerprinting, photographing, and entering personal and arrest details into the jail system. This marks the formal start of the criminal case.
What to Do When You’ve Been Arrested
The most important step any arrested individual can take is to exercise their constitutional right to remain silent. Speaking to police officers, attempting to explain the situation, or arguing can cause significant harm to the defense. Staying calm and saying nothing until you have an attorney is the best course of action.
After booking, individuals are allowed a phone call. Since most people don’t have an attorney’s number memorized, it’s perfectly appropriate to call a trusted family member or friend. That person can then contact an attorney and begin coordinating the next steps.
First Appearance and Bond Setting
Within 24 to 48 hours of arrest, the defendant will appear before a judge for a first appearance hearing. During this hearing, the judge reviews the charges, determines whether probable cause exists, and sets bond — the financial conditions for release.
Bond may be denied in extreme cases or set high depending on factors like the seriousness of the offense, the defendant’s criminal history, ties to the community, and flight risk. Most cases, however, do result in a bond being set.
How the Bail Bond System Works
Once bond is set, there are two primary ways to secure release:
- Cash Bond: Paying the full amount directly to the sheriff’s office. This money is held until the case concludes and is returned as long as the defendant meets all court obligations.
- Surety Bond: Using a bail bonds company, which charges a non-refundable fee — typically 10% to 15% of the total bond. The bondsman posts the full amount, assuming the defendant complies with court appearances.
If the bond is especially high, individuals may also use a property bond, which involves pledging real estate as collateral. However, this can be a complex process, especially if the property is located in a different county than the arrest.
What Judges Consider When Setting Bond
Judges weigh several factors when deciding bond terms:
- The seriousness of the alleged offense
- The defendant’s prior criminal record
- Whether the defendant is considered a flight risk
- Ties to the local community (e.g., family, employment, residence)
- Risk to public safety or potential witness intimidation
In some cases, particularly for low-level, non-violent misdemeanors, a judge may release the defendant on their own recognizance — meaning no money is required, just a signed promise to return to court.
Early Decisions Matter
The period immediately following an arrest sets the tone for the entire case. Having a knowledgeable defense attorney involved as early as possible can make a significant difference in outcomes — from bond conditions to final verdicts.
At Morrison & Hughes, we’re committed to protecting your rights, guiding your family, and fighting for the best possible result. If you or a loved one is facing criminal charges, call us today at 404-LAW-TEAM and get the support you need — we don’t back down.
