Initial Court Appearance

You will usually see a judge within 24-48 hours of being arrested. The judge will decide if there is probable cause to hold you longer or whether you should be released without charges or on bail. The judge determines if bail is necessary and sets the amount.

Your Arraignment

Your arraignment is different from your initial appearance in front of the judge. At the arraignment, you will hear the charges against you, the prosecutor’s evidence, and the possible punishments.

You will have to enter a plea. At this point, you should plead not guilty to give your lawyer time to analyze your case to determine your best legal option properly.

Released On A Bail Bond

Once you are arrested, depending on the charge, bail may be an option for your release. While it is possible to be released on your own word that you will return to court, most people are required to post a bail bond. 

A bail bond is a cash deposit that ensures you will return to court for your trial. If you do not return, the money is forfeited to the state. If you do return, the amount can be given back to you at the end of the process, which may be when charges are dropped, you accept a plea or are found innocent or guilty at trial.

The amount required for bail can be hundreds or thousands of dollars. Many people don’t have the cash they need on hand. In this case, you can use a private bail bondsman, which is a business that posts your bail for you.

Getting Legal Advice

You have the right to an attorney from the beginning of your arrest. When you are taken to the police station, you can state that you will not answer questions until you can contact an attorney and have him or her present. You cannot be punished for invoking these rights.

Preliminary Court Dates

You will attend at least one preliminary hearing within a few weeks of your arrest. You and your attorney will hear more about the prosecutor’s case against you during the preliminary hearing. You may have to attend other court hearings if either side of the case files pre-trial motions.

Trial

You have the right to a trial in front of a jury of your peers. During a trial, both the prosecutor and your attorney will present evidence. The prosecutor will use physical evidence and witness testimony to prove that you committed the crime for which you were arrested. Your attorney will seek to prove the opposite and show the errors in the prosecutor’s case.

Sentencing

The judge may sentence you immediately if you are found guilty of a misdemeanor. If you are found guilty of a felony, a sentencing hearing will be set for a later date.