Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Ask a Criminal Defense Attorney: What Happens After an Arrest in California?

As more and more laws are passed each year that criminalize certain behaviors and actions, and as police have more sophisticated techniques to investigate supposed crimes, it may seem as though there are more people being arrested in California. If you find yourself being arrested then the first thing you should do is reach out to an experienced criminal defense attorney. At Law Office of Michael L. Fell we are ready to offer you a free legal consultation. Just call us at (949) 585-9055.

There are three likely events after an arrest

If you’ve never been arrested before then it’s likely that this is a frightening time. Once a person is arrested and taken in to be processed, there are three possible situations that are likely to occur. Of course, this is not an exhaustive list but it does cover the most common things that you can expect to happen after an arrest.

Option one: No charges are filed

Obviously this is the outcome that everyone wants: No charges are filed. In this case, the person may be in custody for up to 24 hours. They may be questioned. But eventually they must be let go if charges aren’t filed. If you’re arrested and then let go without charges being filed, we still recommend that you contact an attorney. Remember that the D.A. can still file charges at any time.

Option two: Bail amount is set

The most common thing that happens is that a judicial officer will set a specific amount that must be posted for bond. Typically, only a percentage of the total amount must be paid. In some instances, it is required that the entire amount is paid – this is called a cash bond. It doesn’t mean that the bond must be paid in cash, it simply means that the entire amount must be paid.

There are some misdemeanors for which a person does have charges filed against them but doesn’t have to pay bond. This is referred to as being released on their own recognizance. Essentially, the judge is saying that they believe the defendant will come back for their trial. There is still a penalty if they don’t show up: They will be charged with failure to appear.

Option three: The accused is held without bond

In the case of violent or very serious crimes, it’s possible that the court won’t release a defendant at all. This is referred to as being remanded without bond. This is only used in the most serious of cases, such as rape or murder.

All three options require the help of an attorney

No matter which of the three above options applies to you or your loved one, it’s time to call an attorney. At Law Office of Michael L. Fell we are here to offer a free case evaluation. We will look closely at the evidence against you to present a comprehensive defense plan. Don’t let a small mistake put you behind bars forever. Call us today at (949) 585-9055 and take action to correct the situation.