Arrest, Booking and Bail

Learn about Arrest, Booking and Bail

Bail bonds are for people who have gone through the arrest process, have been detained and now want to avoid having to stay in jail until their hearing date. A bail bond company pays the bail that the judge sets, which helps get the accused party out of jail. When the accused person is finished going to court, the bail bond company releases the monies that they put up for the bail.

The following is some information about the term “arrest” and the arrest process that people have to go through:

The Legal Definition of Arrest

The simple definition of “arrest” is to take a person into custody by some legal authority. The legal definition of arrest is to deprive someone of his or her freedom of movement. An arrest usually occurs following the finding of something illegal after the police serve warrants on someone whom they believe has committed a crime. Arrest warrants are forms that a legal authority such as a judge signs that allows the police to search someone’s personal belongings for something criminal on their person such as drugs or stolen merchandise. They can search the person’s home, car, bags or belongings and take that person into police custody if they find such evidence.

The criminal justice process tries to be fair to people most of the time. Police need to have probable cause to arrest, and they usually need to have an arrest warrant to search someone’s home or car. Probable cause to arrest can be word of mouth from an anonymous caller, evidence or the visual witnessing of a crime. There are several types of arrest that police may conduct. One of them is the arrest warrant detainment as mentioned above. The other types of arrest that the police may conduct are

questioning arrests. They may want to just talk to a person about a crime that he or she may have been involved in. A citizen’s arrest is another one of the types of arrests. It occurs when a regular citizen detains someone until the police come to either question or arrest that person.

The Booking Process

The booking process begins after arrest and as soon as the authorities take an individual into police custody. The process involves taking pictures and fingerprints and putting the person’s personal information and the charge in the computer. An accused person should always try to go through the booking process through an attorney. Once they put the information in the computer, they will then contact a judge and have a bail hearing. During a bail hearing, the judge decides if he or she will require the accused party to pay money to get out of jail until the hearing date. Judges usually set bail amounts when the accused person has been charged with heavy crime, or if the person has skipped bail in the past. Bail can range from a few hundred dollars all the way up to millions of dollars.

Bail Hearing Procedures

The bail hearing procedures are generally done quickly, and the person knows if they will have to pay a bail amount the time they receive the charges. If the accused person has the money, he can pay it to the jail to get out of jail until the hearing date. If he does not have the money, he may be able to contact a bail bond company and get assistance. A friend or relative of his may also be able to contact a bail bond company and get help.

The accused person will be free to talk to an attorney and gather evidence of his freedom while he is out on bail. He will not have permission to leave the state of the alleged crime. An attorney is there to defend the person by either presenting evidence that contradicts the accusation or challenging the prosecution and stumping them because they cannot prove that the individual did the crime.

After Arrest and the Court Date

That’s some of the basic information about the criminal justice process and the booking process through attorney or without an attorney. Anyone who gets arrested by the authorities has the right to an attorney and the right to have someone pay bail if the judge sets a bail amount on the person.

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