We’ve talked about what to do and what not do when being arrested, but what happens next? If you have just been arrested by an officer, there are a few things that happen next.
First, you will be taken to a jail facility and processed where you will remain awaiting a bond. Within 72 hours of your arrest, you will appear in front of a Judge. This hearing is called a “72-hour hearing.” The 72-hour hearing requirement excludes weekends and legal holidays, so you may be waiting for the hearing longer than 72 hours.
At the 72-hour hearing, the Judge will ask if you can afford an attorney or if you need to have an attorney appointed to you. The Judge can also determine what amount to set for your bail. If you are not brought to court within 72 hours, then you must be released. This release will have no effect on subsequent prosecution of your case. The 72 hour hearing may take place over video or phone conference rather than in an actual courtroom.
After the 72-hour hearing, your case will be set for an arraignment. An arraignment is the initial hearing in your case where you will hear the formal charges against you. This is when you will enter a plea on the record. The plea can be guilty, not guilty, or not guilty because of insanity.
On a misdemeanor charge, you have to be brought before the court within 45 days if you are incarcerated or 90 days if you are released on bond. For a felony charge, the prosecution has 60 days to file charges if you are in jail and 150 days if you make a bond.
At the arraignment, or soon after, you will typically be provided with “discovery.” Discovery is the information that the prosecution intends to use against you in their case. From that information, you and your attorney will decide how to proceed on your case, including what motions may be filed and how to address issues in your case.
If you are facing criminal charges, you need an attorney. Call The Berg Law Firm today for your free in-office consultation.