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
After an arrest without a warrant, a judge or magistrate must decide promptly whether there was enough reason for the arrest (probable cause). The U.S. Supreme Court has said this review should generally happen within 48 hours (County of Riverside v. McLaughlin), and a weekend is not an excuse to wait longer. The review can be done on paper, without the person there, so the first court appearance can come later. State rules set when it happens. 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, the U.S. Supreme Court has said a judge should generally decide within 48 hours whether there was enough reason for the arrest (probable cause), and a weekend does not extend that limit. That review can be done on paper, so the first court appearance, where the person sees the judge (often by video), can come later. When it happens depends on the state, and the jail can usually tell you the date.
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.
Sources
The pages below back up the main rules and definitions in this guide. We opened each link on October 7, 2026.
- County of Riverside v. McLaughlin, 500 U.S. 44 (1991), Legal Information Institute, Cornell Law School. The Supreme Court's guideline that a judge should review a warrantless arrest within 48 hours.
- Gideon v. Wainwright, 372 U.S. 335 (1963), Legal Information Institute, Cornell Law School. A person charged with a felony who cannot afford a lawyer must be given one.
- Argersinger v. Hamlin, 407 U.S. 25 (1972), Legal Information Institute, Cornell Law School. No one can be jailed for any offense, even a minor one, without a lawyer unless they give up that right.
- Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions, U.S. Equal Employment Opportunity Commission. An arrest alone is not proof of criminal conduct, and some states limit how employers can use arrest records.
- Fair Credit Reporting Act, Federal Trade Commission. The federal law that covers background checks and other consumer reports used for credit, insurance and employment.
This guide is general information, not legal advice. Laws and facility rules differ and change; confirm details with the facility, court or a lawyer.