Arrest and Charges: How Criminal Cases Work

When law enforcement: police, sheriff, federal agents arrest someone, they take him or her to jail. Sometimes you can face charges without being arrested, but usually you are arrested first and then charged with a crime.

When you go to jail after being arrested, one of three things happens:

The defendant is released if the prosecutor(typically a District Attorney or City Attorney) decides not to file charges.

The defendant posts bail or is released without bail (O.R. or “own recognizance”) based on a promise to appear in Court at a later date.

The defendant does not post bond and is transported to and from Court by the jail.

You usually learn what charges come from the arrest at the arraignment, which is the first Court date you will have after being arrested. The purpose of the arraignment is to advise you of what charges you are facing. Hiring a criminal defense attorney like me to come to the arraignment is an important step in trying to resolve the charges from your arrest.