The first days after an arrest move quickly and can be confusing. Here is what typically happens, and what family members can do to help.
Booking
At the jail, the person is searched, photographed and fingerprinted, their property is stored, and they get a basic medical screening. Their name, booking number and charges are entered into the jail system, which is what later appears on public rosters. Booking can take several hours.
First court appearance
Someone arrested without a warrant must generally see a judge or magistrate promptly, usually within 48 hours. At this first appearance (sometimes called an arraignment or initial hearing, often by video from the jail) the judge will usually:
- explain the charges,
- decide on release: bail, release on conditions, or detention,
- appoint a public defender if the person cannot afford a lawyer, and
- set the next court date.
Getting a lawyer
Everyone charged with a crime that could lead to jail has the right to a lawyer, and a public defender is appointed if they cannot afford one. Families can also hire a private criminal defense lawyer. A lawyer can argue for lower bail, explain the options, and deal with the prosecutor.
The person should not talk about the case with anyone except their lawyer, including on jail phones, video visits, letters or messages, which are recorded or read.
How the case moves forward
- Charges filed: the prosecutor files formal charges, or declines.
- Preliminary hearing or grand jury (usually for felonies): a check that there is enough evidence to proceed.
- Pretrial: evidence is shared, motions are argued, and plea offers may be made. Most cases end with a plea agreement or a dismissal.
- Trial if the case does not resolve.
- Sentencing after a guilty plea or verdict.
What family can do now
- Write down the booking number and next court date.
- Put a small amount of money on their account and set up phone calls (see our guides).
- Gather contact details for their employer, and handle urgent things like childcare, pets, rent and medication.
- Go to court if you can. A judge may consider community support when deciding release.
Questions
How long can someone be held without seeing a judge?
For an arrest without a warrant, a judge generally has to review the case within 48 hours. Weekends and holidays can make it feel longer. The details depend on the state.
Will charges show up on a background check?
Arrest and court records can appear in some background checks, but many states limit what employers and landlords can consider. Sites like ours are not consumer reporting agencies and must not be used for those decisions.
This guide is general information, not legal advice. Laws and facility rules differ and change; confirm details with the facility, court or a lawyer.