- Author: Richard Stim
- Jan 28, 2026
Getting arrested can feel frightening and confusing, especially if you’ve never been through the criminal justice system before. Many people don’t know what happens next, how long they may be held, or what their legal rights are.
Understanding the step-by-step criminal case process can help you stay calm, protect yourself, and avoid mistakes that could hurt your case. Below is a clear breakdown of what typically happens after an arrest, from the moment you’re taken into custody to trial.
Step 1 – The Arrest Happens
An arrest occurs when law enforcement takes a person into custody because they believe a crime has been committed. This could happen during a traffic stop, after a police investigation, or due to an active warrant.
Whether you’re facing criminal charges or a civil lawsuit, understanding criminal law vs. civil law can help you better navigate the legal process and potential consequences.
Why Police Can Arrest Someone
Police can arrest someone when there is probable cause, meaning they have a reasonable belief that the person committed a crime. Arrests may happen because of:
- A witnessed crime
- Evidence discovered during an investigation
- A complaint or report from someone else
- An arrest warrant issued by a judge
Even when charges seem minor, a misdemeanor is a criminal offense under the law and may result in fines, probation, or jail depending on the circumstances.
What You Should Do During the Arrest
What you do during the arrest matters. The safest approach is to:
- Stay calm and do not resist
- Do not argue with the officer
- Avoid making statements about what happened
- Ask for a lawyer immediately
- Remember that anything you say can be used against you
Even if you believe you are innocent, it’s important to protect your rights and avoid giving police information that could be misunderstood or misused later.
Step 2 – Booking and Processing at the Police Station
After the arrest, you are usually taken to a police station for booking. This is the official administrative process where law enforcement records your identity and documents the arrest.
What Happens During Booking
Booking typically includes:
- Recording your name, address, and personal information
- Photographing the victim
- Taking fingerprints
- Confiscating personal belongings
- Entering the arrest details into the system
This step can take anywhere from under an hour to several hours, depending on the situation and how busy the station is.
Background Checks and Warrants
During booking, police will often run a background check to see if you:
- Have a prior criminal record
- Have outstanding warrants
- Are on probation or parole
- Have a history of missed court appearances
If the system shows existing warrants, it can affect your ability to get released and may lead to additional charges or detention.
Step 3 – Jail Holding and Initial Detention
After booking, you may be placed in a holding cell or transferred to jail. This stage is known as initial detention and happens while officials decide your release conditions or wait for the court.
How Long Can You Be Held
How long you can be held depends on the charges, the jurisdiction, and whether bail is available. In many cases, a person may be held for:
- Several hours
- Overnight
- 24–48 hours until court
- Longer if the charge is serious or bail is denied
Some arrests lead to a quicker release, while others require a formal bail hearing.
Calls, Rights, and Visitation
Even in custody, you have important rights. Depending on local rules, you may have the right to:
- Make a phone call
- Contact your attorney
- Request medical attention if needed
It’s best to call a lawyer first and avoid discussing your case on a recorded jail phone line.
Step 4 – Bail or Release Options
After being arrested, many people are eligible for release either on bail or without paying bail, depending on the situation. Bail is a financial condition meant to ensure you return to court.
Common Release Options
Common release options include:
- Release on recognizance (ROR): No payment required, you promise to return
- Cash bail: You pay the full bail amount
- Bail bond: A bail bondsman posts bail for a fee
- Conditional release: You must follow certain conditions
Some people may also be released with restrictions such as travel limits or electronic monitoring.
Factors That Affect Bail Amount
Bail amounts depend on factors such as:
- The seriousness of the charge
- Prior criminal history
- Risk of leaving the area
- Past failures to appear in court
- Whether the case involves violence or weapons
Courts may also consider public safety and the risk of repeat offenses.
Step 5 – First Court Appearance
The first court appearance, often called an arraignment, is when the defendant is formally notified of the charges. During this hearing, the judge may:
- Read the charges
- Confirm the defendant’s identity
- Address bail or release terms
- Schedule future court dates
- Allow the defendant to enter an initial plea, such as not guilty, guilty, or no contest
Step 6 – Pretrial Process
The pretrial stage is often the most important part of the criminal case process. This is where evidence is reviewed, legal motions are filed, and many cases are resolved without going to trial. During the pretrial process, your lawyer may:
- Request police reports and body cam footage
- Review witness statements
- Challenge illegal searches or traffic stops
- File motions to suppress evidence
- Negotiate for reduced charges or dismissal
- Seek diversion programs or alternative sentencing options
Many criminal cases end during this stage through plea agreements, dismissals, or reduced penalties. Strong legal strategy and preparation here can significantly change the outcome of your case.
Step 7 – Trial (If the Case Doesn’t Settle)
If the case is not dismissed or resolved through a plea deal, it may go to trial. Trials can be stressful, time-consuming, and high-risk, but they also provide a chance to fight the charges in court.
A trial may include:
- Jury selection (in jury trials)
- Opening statements
- Witness testimony and cross-examination
- Evidence presentation
- Closing arguments
- Jury deliberation and verdict
If found not guilty, the case ends. If found guilty, the case moves to sentencing, where penalties may include fines, probation, community service, or jail time, depending on the offense.
Schedule a consultation with a criminal lawyer
Being arrested doesn’t automatically mean you’ll be convicted. But what happens after an arrest can move quickly, and the decisions you make early can affect the entire case. From booking and bail to arraignment and trial, understanding the process helps you stay prepared.
The most important step you can take is speaking with an experienced criminal defense lawyer as soon as possible to protect your rights and fight for the best possible outcome.
FAQs
What happens immediately after an arrest?
After an arrest, the person is taken into police custody and usually transported to a police station. Officers may search the person, read their rights, and begin the process of paperwork and detention until booking is completed.
How long can police hold someone after an arrest?
Police can typically hold someone for several hours up to 24–48 hours, depending on the charges and local procedures. The timeline may be longer if the arrest happens on a weekend, if bail is not available, or if the person must wait for a court hearing.
What is the booking process after an arrest?
Booking is the official process of recording the arrest. It usually includes fingerprints, a mugshot, collecting personal information, checking for warrants, and placing the person in a holding cell or jail.
When does a person get their first court appearance after arrest?
The first court appearance often happens within 24 to 72 hours, depending on court schedules and the seriousness of the offense. Some cases may take longer if holidays or weekends delay court proceedings.
What is an arraignment, and why is it important?
Arraignment is the first formal court hearing where the charges are read, and the defendant enters an initial plea. It is important because bail may be set or changed, deadlines are created, and the case officially begins in court.
How does bail work after an arrest?
Bail is money or a condition set by the court to allow release while the case is pending. If bail is paid, the person can be released, but they must attend all court dates. Bail can be cash, a bond, or a release with conditions.
Can charges be dropped after an arrest?
Yes, charges can be dropped if there is not enough evidence, witnesses change statements, the arrest was improper, or the prosecutor decides not to move forward. A strong legal defense can also help push for dismissal.
What happens if someone pleads not guilty after arrest?
If a person pleads not guilty, the case moves into the pretrial phase. This includes evidence review, motions, negotiations, hearings, and possibly a trial if the case is not resolved earlier.
How long does a criminal case usually take after arrest?
A criminal case can take weeks to several months, and sometimes over a year for serious or complex charges. The timeline depends on the court schedule, evidence, motions, and whether the case goes to trial.
Do you need a lawyer immediately after being arrested?
Yes, it’s strongly recommended to contact a lawyer immediately. A criminal defense attorney can protect your rights, handle communication with police and prosecutors, and help you avoid mistakes that could hurt your case.