What Happens After You're Arrested?

An arrest starts a process with fairly predictable stages. Knowing them, and your rights at each one, helps you avoid the mistakes that hurt people most in the first 48 hours.

1. Arrest and booking

Police take you into custody, then book you: fingerprints, photograph, personal property inventory and a records check. You can be searched.

Your rights right now: you can stay silent, and you can ask for a lawyer. Say so clearly ("I want to remain silent. I want a lawyer.") and then stop talking about the case. Be polite, don't resist, and don't consent to searches. Anything you say to police, cellmates or on jail phones (which are recorded) can be used against you.

2. Release and bail

Depending on the charge and your record, you may be released on a citation, released on your own recognizance (a promise to appear), or held until a judge sets bail or release conditions. Many states have changed bail rules in recent years, and some rely more on risk assessments and conditions like check-ins or monitoring than on cash.

3. First appearance or arraignment

You'll go before a judge soon after arrest. If you're held, the Constitution requires a prompt probable-cause review, generally within 48 hours. At the arraignment, you're told the charges, asked how you plead (almost always "not guilty" at this stage), and the court addresses release conditions and appoints a lawyer if you qualify. See public defender vs. private attorney.

4. Charging decisions

The prosecutor decides what to formally charge, which may differ from the arrest charge. Serious felonies may go to a grand jury or a preliminary hearing, where a judge decides whether there's enough evidence to proceed.

5. Discovery and motions

Your lawyer gets the evidence (police reports, video, lab results, witness statements) and can file motions, for example to suppress evidence from an illegal search, which can sometimes end a case.

6. Plea negotiations

The large majority of criminal cases end in a plea agreement, often to a reduced charge or sentence. Some jurisdictions offer diversion programs that dismiss charges after you complete conditions, especially for first offenses.

7. Trial and sentencing

If there's no deal, you have the right to a trial, often before a jury, where the prosecution must prove guilt beyond a reasonable doubt. If convicted, sentencing follows, and you may have the right to appeal.

Call a lawyer early

The best time to hire a criminal defense lawyer is before your first court date, or even before charges are filed if you know you're under investigation. Early help can affect bail, charging decisions and evidence that might otherwise disappear. Find a criminal defense attorney near you. Related: how much a criminal defense lawyer costs.

This guide is general information, not legal advice. Procedures and timelines vary by state and by court.