What Happens After an Arrest?
We all make mistakes. Some mistakes are more serious than others, however, and can lead to consequences like arrest and legal action. At ASAP Bail Bonds, we don’t believe that an arrest means you don’t deserve support. We’re here for you and those you care about to help you navigate the bail process and get your life back on track. Here, we’ll go through step by step what happens once someone is arrested and provide you with advice on how to make the best of it. We know it can be overwhelming, so if you need professional support, you can always get in touch with ASAP Bail Bonds — any time, day or night.
THE ARREST
The inciting event for any criminal case is an arrest. To make an arrest, police need to have probable cause — that means they must be able to point to evidence or circumstances that lead them to believe that a specific person committed a specific crime. Judges have the last word as to what constitutes probable cause, and, as we will learn, judges have a lot of power and influence over the entire criminal justice process. One thing to keep in mind is that even if police have good reason to arrest someone, probable cause is not an indicator of guilt. If someone you care about has been arrested, that doesn’t mean that they did anything wrong or that they don’t deserve your support once they have been jailed. The prosecution process is only beginning at this step.
What Happens After an Arrest
Once someone has been arrested, police can perform a search of their person and their immediate surroundings to look for contraband or stolen items, weapons, or evidence of a crime. This may include a search of the suspect’s car. The police can also take and secure any personal property or money in the defendant’s possession. All property or money taken should be accurately listed in an inventory report, which the defendant will sign to verify.
YOUR RIGHTS
- You are allowed to remain silent and refuse to answer questions.
- You are allowed to consult an attorney before speaking to the police.
- You are allowed to stop answering questions without an attorney present at any time.
- You are allowed to have an attorney present during police questioning from the time of your arrest onward.
- If you can’t afford an attorney, one will be appointed to you.
Booking
Once someone has been arrested, they are taken into police custody and then “booked.” Booking is a largely administrative process that collects information about the defendant and their charges. Data collected in this step can include:
- A photo
- Defendant’s name
- Defendant’s date of birth
- Defendant’s address
- Fingerprinting
- A warrant search
- And more
Once the defendant has been processed, they will be placed in a holding area until they have the opportunity to post bail or a judge hears their case.
YOUR RIGHTS
You should be booked within a reasonable period of time – within a few hours or overnight – after being detained.
You have the right to a speedy trial, which means that the prosecutor must file charges within 48 to 72 hours in most cases.
ARRAIGNMENT
The next step in the process is the arraignment, also called an initial appearance. If the defendant is in custody, this often takes place within 48 hours of their arrest. If the defendant was already released on bail, then the arraignment may not be scheduled for several days. There are several important proceedings that take place during an arraignment.
Reading the Charges
If the defendant was arrested without a warrant, this may be the first time they hear what the charges are against them. The judge should work to ensure the defendant understands what they are being charged with and what the potential sentence may be if convicted.
Right to Counsel
The defendant will be notified of their right to legal counsel. This is where the judge establishes if the defendant has an attorney or requires a public defender due to financial circumstances.
Plea
The judge will ask the defendant how they plea — “guilty,” “not guilty,” or “no contest.” A “no contest” is one way to accept whatever the sentencing may be without pleading guilty. Choosing a “guilty” or “no contest” plea is a way to settle a case without resorting to a jury trial.
Bail & Custody Status
The judge will determine how much bail to set. The defendant’s attorney can argue to lower the proposed bail amount while the prosecutor can argue to raise it. The judge has the ultimate final decision, and they will often set conditions on the defendant’s release with or without bail, including restrictions from substance abuse, the use of firearms, and other similar measures. There are typically three options for a judge to choose from:
- A defendant can be released on their own recognizance, without the need for bail.
- A defendant can be released after the amount of bail set is paid.
- A defendant may be denied bail and kept in custody.
We will discuss these possibilities in more detail later.
Future Proceedings
Last but not least, dates will be set for future proceedings of the case. The defendant must agree to the scheduled trial and hearing dates before they will be released, and they will be expected to attend all agreed upon proceedings. One use of bail is to motivate them to return for these events.
MAKE ASAP BAIL BONDS YOUR FIRST CALL
THE BAIL PROCESS
Bail is an important part of the legal process, but it can be hard to understand. ASAP Bail Bonds is here to help. Read on to learn more about the calculations that go into determining bail, and turn to our team for experienced professionals who can take care of everything for you.
What Is Bail?
If you’re not familiar with the justice system, then you may have only heard of bail from TV shows. Bail is a deposit the defendant or someone on their behalf makes to the court. This deposit serves as an incentive for the defendant to appear in court once they are released from jail.
There are a few options for paying bail. A cash deposit is very common, but a property bond is also an option in which the defendant offers up a piece of property in place of cash. For those who can’t afford the upfront cost of bail themselves, bail bonds are available from ASAP Bail Bonds. We’ll discuss bonds in more detail in a later section.
The Bail Schedule
For many charges, the cost of bail is set based on a “schedule.” This schedule is a list of charges and the predetermined bail amounts that have been matched to each offense. In many cases, the police will be able to determine the appropriate bail amount based on the schedule rather than relying on a judge. In that case, the defendant may be able to post bail and go home even before their arraignment.
How Bail Is Determined
Outside of the preset bail schedule, there are a number of factors that go into determining bail for any given defendant. For example, if the defendant was arrested for a low-level offense like petty larceny, and they have been determined to be a low flight risk and not a danger to the community, then they may be released on their own recognizance. This means they are released without needing to pay bail with a written notice to appear in court on a specific date.
In the case that the police or the courts determine that bail is necessary, but the charge is more complex than the options on the local bail schedule, then they will calculate a customized amount. This cost often depends on factors such as:
- The type and severity of the alleged crime
- The defendant’s criminal history (or lack thereof)
- Whether or not a firearm was used in the alleged crime
- The defendant’s estimated flight risk
- The type and severity of the alleged crime
- The defendant’s criminal history (or lack thereof)
- Whether or not a firearm was used in the alleged crime
- The defendant’s estimated flight risk
Some regions also use algorithms – a sequence of problem-solving instructions used by a computer – to determine the appropriate bail amount.
Reasons Bail May Be Denied
There is a possibility that the defendant will be denied bail. This typically only applies in cases where the defendant allegedly committed a serious felony, such as sexual assault or murder. In many cases, the judge will simply set bail extremely high, but if the defendant may be facing the death penalty if convincted, then they may be denied bail entirely. The defendant may also be denied bail if they are considered a very high flight risk, have a long criminal history, are considered a danger to the community, or they are not a U.S. citizen.
YOUR RIGHTS
The Eighth Amendment of the U.S. Constitution protects defendants from “excessive” bail requirements, and a right to bail is typical in non-capital cases where death is not a possible punishment. However, the U.S. Supreme Court has ruled that no one has an absolute right to bail, and it is permissible to hold a defendant without bail pending a criminal trial.
Conditional Release
Whether the judge determines that the defendant can be released on their own recognizance or upon the posting of the set bail amount, they often place conditions on that release. The defendant will be expected to follow these rules or face consequences. Common conditions include:
- Obey all laws
- Abstain from drug or alcohol use
- Do not possess firearms
- Retain or seek employment
- Avoid certain people or locations
- Comply with certain travel restrictions
- Attend pre-trial check-ins
If the defendant violates any of these conditions, they can be arrested again and their bail may be revoked. It’s in the best interest of everyone to follow the rules and concentrate on preparing for any upcoming court proceedings. For more advice on what to do after you get out of jail, check out ASAP Bail Bonds’ guide on what to do – and what not to do – after your release.
POST BAIL FASTER WITH ASAP BAIL BONDS
YOUR GUIDE TO BAIL BONDS
What happens if bail is set higher than you can afford? You find support from ASAP Bail Bonds. We’re here to help you get your loved one home with 24-hour bail bonds. We’ll take care of everything, from contacting the jail to filling out all the paperwork to offering advice on how to avoid additional fees on your bail bond. When you need an ally in facing the Georgia court system, ASAP Bail Bonds is here.
How Do Bail Bonds Work?
When you choose to use a bail bond, you are paying a company to post bail on your or your loved one’s behalf to secure their release from jail. The premium – or fee – for many bail bonds is around 15% of the total bail amount. At ASAP Bail Bonds, we are dedicated to offering affordable bail bonds to people throughout the state of Georgia so no one has to stay in jail for financial reasons.
Once you contact ASAP Bail Bonds and give us information about the defendant, the charges they are facing, and more, we will get in touch with the jail or the court to secure their release. One of our bail bond agents will let you know when and where you can pick up the defendant once they get out of jail.
You or the defendant will be responsible for paying only the percentage premium as long as the defendant appears for their court proceedings. If they flee or violate their release conditions in any way and their bail is forfeited, then you will be responsible for paying the entire bail amount to the bonding company as well as any additional fees.
Types of Bail Bonds
There are a few ways to utilize bail bonds. Bail is essentially a loan agreement between the defendant and the court — the defendant offers up cash, which is forfeit if they don’t appear for their trial. As we mentioned earlier, there is also the option to offer up property or a bail bond.
Bail is not only an agreement between the defendant and the courts, however. They can also include third parties, such as a bonding company and/or a person willing to pay the deposit on the defendant’s behalf. This option is called a surety bond. ASAP Bail Bonds is here to help you navigate which bond option works best for your situation.
Paying Bail vs. Bail Bonds
Should you pay the bail amount yourself or utilize a bail bond? If you can afford the upfront payment, you may be tempted to simply post bail without consulting a service like ASAP Bail Bonds. Bail bonds through a bonding company do come with premiums, but they also carry a number of advantages.
Why Choose Bail Bonds
- Experience professional support throughout the process
- Offload the paperwork and communication work
- Rely on 24-hour customer service
- Receive help posting bail on someone else’s behalf
- Secure a quick and effective release for your loved one
For many people, the reassurance of having an expert navigate the bail system is as valuable, if not more so, than the ability to cover an expensive bail deposit.
Why You Should Post Bail
If you can’t afford to post bail yourself, you may be considering letting your loved one stay in jail to await their trial. You may consider it tough love, or a good financial decision, but there are several reasons why posting bail benefits you and the person you care about.
- The defendant can return to work and retain their job.
- The defendant can continue earning a paycheck and/or taking care of family members.
- The comforts of home can help improve or maintain the defendant’s physical and mental health, away from the stress of jail.
- The defendant can focus on preparing for trial and planning a more positive future.
Posting bail and bringing home your loved one is the first and one of the most important steps of offering them support after their arrest. For more advice on how to help them through this process, read our blog post on how to help a loved one who has been arrested and get in touch with an ASAP Bail Bonds agent to secure a quick and effective release.
NAVIGATE THE BAIL PROCESS WITH HELP FROM ASAP BAIL BONDS
COURT PROCEEDINGS
Release on bail is truly an early and important step in the justice process. The professional team at ASAP Bail Bonds helps reduce stress and confusion for clients by allowing the defendant to await trial from home, giving them a chance to catch their breath and prepare for the next steps. Now, what are those next steps?
Court Dates
Any court appearances related to the case should be scheduled at the defendant’s arraignment. Everyone involved will be notified of these dates and agree to them. Future court proceedings may take place only a week or two after the arraignment, or there may be a delay of a few months, depending on the nature of the case and what information the prosecution needs to gather or verify. No matter when these future court proceedings are scheduled, the defendant must attend or their bail will be forfeit.
YOUR RIGHTS
Remember, you are entitled to legal counsel throughout this process, which includes any legal proceedings after your arrest. If you do not have an attorney already or you can’t afford one, a public defender should be appointed to you.
What Happens Now?
There are three likely avenues forward after charges have been filed: the charges are dropped, the defendant chooses a plea bargain, or the case moves forward to a jury trial.
Dropped Charges
The best case scenario after any arrest is that the charges are dropped. There are a number of reasons this may happen, including, but not limited to:
- Mistaken arrest
- Exonerating evidence
- Lack of evidence
- Flaws in the initial investigation
If the charges are dropped, then all bail money is returned and you or the defendant are only responsible for paying the premium for our bail bond services. One thing to keep in mind is that even if the charges against you are dropped, the arrest is likely to remain on record and it can still appear on a background check. However, Georgia does have laws in place that can essentially seal your arrest record from public view.
Plea Bargain
The vast majority of cases are settled with a plea bargain. You may be able to negotiate a lighter sentence or a lesser charge – and therefore a lighter sentence – by offering to plead guilty. Many people choose this option because jury trials can be costly and time-consuming, and the outcome is never guaranteed.
A “no contest” plea is another option to resolve a case without resorting to a jury trial. “No contest” means the defendant neither admits to doing the crime nor disputes the charges, and therefore they accept whatever the sentencing would be for a guilty plea. A no contest plea is often used in traffic misdemeanor cases. Many states require the court to grant permission for a defendant to plea no contest.
Jury Trial
If you choose to plead not guilty and pursue a trial, keep in mind that you are depending on a jury of your peers to determine your fate. As we mentioned, jury trials can take a long time to complete, and you will need to pay your attorney not only for their time, but also pay for any tasks they take care of in pursuit of your defense.
YOUR RIGHTS
According to the Sixth Amendment to the U.S. Constitution, the defendant has a right to a “speedy” and public trial by an impartial jury in the state and district where they allegedly committed the crime. Civil cases, including all juvenile cases, and “petty” criminal cases with potential sentences of six months or less do not necessarily qualify for jury trials, according to the Supreme Court.
YOUR LOVED ONE TODAY WITH ASAP BAIL BONDS
Why Choose Us?
We are the one and only call you need to make. ASAP Bail Bonding services all Georgia Counties including Cobb, Clayton, DeKalb, and Gwinnett Counties. All we need to start the process is some basic information about your loved one, the jail and the court, and yourself.
