What Happens After You Get Arrested?

An arrest is the start of a criminal case, not the end of it. Knowing the steps helps you protect your rights.

1. Arrest and your rights

Before custodial interrogation, police must give Miranda warnings: you have the right to remain silent, anything you say can be used against you, and you have the right to a lawyer (Cornell LII). To use these rights, say clearly: "I am going to remain silent. I want a lawyer." Then stop talking about the case.

2. Booking

At the station or jail, officers record your information, take fingerprints and a photo, inventory your property, and may run a warrant and records check. Some jails do a health screening.

3. Release or detention

Depending on the charge and the jurisdiction, you may be:

• Released with a citation or notice to appear
• Released on a bail schedule amount for common offenses
• Released on your own recognizance (a promise to appear)
• Held until a judge sets release terms

See how bail works.

4. First appearance

If you are held, you must be brought before a judge promptly. The Supreme Court has held that a judicial determination of probable cause within 48 hours of a warrantless arrest is generally prompt enough (County of Riverside v. McLaughlin). At this hearing the judge typically tells you the charges, addresses release and bail, and appoints a lawyer if you cannot afford one.

5. Charging decision

Prosecutors decide what charges to file, which can differ from the arrest charges. Charges can be reduced, increased or dropped. Serious federal felonies require a grand jury indictment; see what a grand jury does.

6. Arraignment and plea

At arraignment you are formally told the charges and enter a plea, usually "not guilty" at first (Cornell LII).

7. Pretrial stage

Evidence is exchanged, motions are filed (for example, to suppress evidence from an unlawful search), and most cases are resolved by dismissal, diversion or a plea agreement (US Courts). See should you take a plea deal.

8. Trial and sentencing

If the case goes to trial, the prosecution must prove guilt beyond a reasonable doubt. If you are convicted, the judge imposes a sentence.

What to do now

• Do not discuss the case with anyone except your lawyer, including on jail phones, which are recorded.
• Keep every document and write down every court date.
• Follow all release conditions.

Talk to a criminal defense lawyer as early as possible, or ask for a public defender if you cannot afford one.

Sources

1. Cornell Law School LII: Miranda warning
2. Cornell Law School LII: County of Riverside v. McLaughlin, 500 U.S. 44 (1991)
3. United States Courts: Criminal cases
4. Cornell Law School LII: Arraignment