The First Step: Booking and Processing
Immediately following an arrest, you will be transported to a local jail or detention facility for a process called booking. During booking, an officer will record your personal information, take your photograph (mugshot), and collect your fingerprints. Your personal property will be inventoried and held for you until your release. You will be held in custody until you are released on bond or 'on your own recognizance' (OR).
Setting Bail and Securing Your Release
After booking, you will appear before a judicial commissioner or magistrate who will formally set the terms of your release. The magistrate determines the bail amount, which is a financial guarantee that you will appear for future court dates. The amount depends on the severity of the alleged crime, your criminal history, and your ties to the community. You can either pay the full amount in cash or, more commonly, hire a bonding company to post it for you for a fee (typically 10% of the total).
Your First Court Appearance: The Arraignment
Your first formal court appearance is called an arraignment. At this hearing, the judge will read the official charges against you and you will be asked to enter a plea. It is absolutely essential to have a criminal defense attorney with you at this stage. Your attorney will typically enter a plea of 'not guilty' on your behalf, which preserves all of your legal rights and gives your lawyer time to review the evidence in your case.
The Path Forward: Discovery, Motions, and Hearings
After the arraignment, the case enters the pre-trial phase. During this period, your attorney will obtain all evidence from the prosecutor (discovery), file legal motions to challenge evidence or the charges themselves, and negotiate with the prosecutor for a potential resolution, such as a plea agreement or dismissal. The next step could be a preliminary hearing, where a judge determines if there is probable cause to move the case forward. This material is for educational purposes only and is not a substitute for legal advice. If you or a loved one has been arrested, call The Myrick Law Firm at 865-365-1184.
Frequently Asked Questions
What is the purpose of bail?
Bail, or bond, is money or property pledged to a court to ensure a person accused of a crime will appear for future court dates. The amount and conditions are set by a judge based on the charge and the defendant's history.
What happens at an arraignment?
This is your first formal court appearance where you are informed of the charges against you and you can enter a plea (e.g., guilty, not guilty). It is critical to have an attorney at this stage.
What is the difference between a misdemeanor and a felony?
A misdemeanor is a less serious crime, typically punishable by up to 11 months and 29 days in a county jail and/or a fine. A felony is a much more serious crime, punishable by more than a year in state prison.
Am I entitled to a lawyer?
Yes, you always have the right to an attorney. If you cannot afford one, you can ask the court to appoint a public defender to represent you. You should never speak to law enforcement or prosecutors without a lawyer present.