Arrest, Arraignment and booking

Arrest

The criminal justice process typically begins when a police officer places a person under arrest. (Also see Chronology: The Arrest Process.) An "arrest" occurs when a person has been taken into police custody and is no longer free to leave or move about. The use of physical restraint or handcuffs is not necessary. An arrest can be complete when a police officer simply tells a crime suspect that he or she is "under arrest", and the suspect submits without the officer's use of any physical force. The key to an arrest is the exercise of police authority over a person, and that person's voluntary or involuntary submission.

 

A police officer may usually arrest a person in the following circumstances:

 

The Police Officer Personally Observes a Crime

If a police officer personally sees someone commit a crime, the officer may arrest that individual. For example:

• While on street patrol, a police officer sees a purse snatching take place. The officer can apprehend and arrest the purse-snatcher, based on the officer's personal observation of a theft/larceny or robbery.
• A police officer pulls over a vehicle that is being driven erratically, and after administering a Breathalyzer test, sees that the driver's alcohol intoxication level is more than twice the state's legal limit for safe operation of a vehicle. The police officer can arrest the driver for DUI/DWI.

 

The Police Officer Has "Probable Cause" to Arrest

When a police officer has a reasonable belief, based on facts and circumstances, that a person has committed or is about to commit a crime, the officer may arrest that person. This belief, known as "probable cause," may arise from any number of different facts and circumstances. For example:

• A police officer receives a report of an armed robbery that has just occurred at a liquor store, then sees a man who matches the suspect's exact description running down the street near the store. The officer detains and searches the man, finding a gun and a large amount of cash in his pockets. The officer can arrest the man, based on a probable cause belief that he committed a robbery.

 

An Arrest Warrant Has Been Issued

When a police officer has obtained a valid warrant to arrest a person, the arrest is lawful. An arrest warrant is a legal document issued by a judge or magistrate, usually after a police officer has submitted a sworn statement that sets out the basis for the arrest. When issued, an arrest warrant typically:

• Identifies the crime(s) committed;
• Identifies the individual suspected of committing the crime;
• Specifies the location(s) where the individual may be found; and
• Gives a police officer permission to arrest the person(s) identified in the warrant.

 

Challenging An Unlawful Arrest
At all stages of the criminal process, including arrest, police officers must protect citizens' constitutional rights, such as the right to remain silent and the right to be free from unreasonable searches. If these rights are violated, a court may deem the arrest unlawful and order the case against the arrestee dismissed, or certain evidence may be thrown out of the case. Click here to learn more about a defendant's rights when dealing with police.

While a criminal suspect may question the lawfulness of an arrest when it is happening, including the basis for the arrest and the actions of the police officers, that battle is best fought in court rather than on the street.

 

Arraignment

After the arrest, booking, and initial bail phases of the criminal process, the first stage of courtroom-based proceedings takes place -- arraignment. During a typical arraignment, a person charged with a crime is called before a criminal court judge, who:

• Reads the criminal charge(s) against the person (now called the "defendant");
• Asks the defendant if he or she has an attorney, or needs the assistance of a court-appointed attorney;
• Asks the defendant how he or she answers, or "pleads to", the criminal charges -- "guilty," "not guilty," or "no contest";
• Decides whether to alter the bail amount or to release the defendant on his or her own recognizance (Note: These matters are usually revisited even if addressed in prior proceedings); and
• Announces dates of future proceedings in the case, such as the preliminary hearing, pre-trial motions, and trial.

 

Also at the preliminary hearing, the prosecutor will give the defendant and his or her attorney copies of police reports and any other documents relevant to the case. For example, in a DUI/DWI or drug possession case, the prosecutor may provide the defense with lab reports of any blood or chemical tests that were performed, and may be used in the case.

 

The Right to Counsel
If a criminal defendant faces the possibility of jail time if convicted for the crime(s) charged, the defendant has a constitutional right to the assistance of an attorney, or "counsel." If the defendant wishes to be represented by an attorney but cannot afford to hire one, a government-appointed attorney will be assigned at no cost to the defendant. Usually employed as "public defenders", these government-appointed defense attorneys are responsible for zealously protecting a criminal defendant's rights at all stages of the criminal process. To learn more about the right to counsel, go here.

 

Booking

After arrest, a criminal suspect is usually taken into police custody and "booked," or "processed." During booking, a police officer typically:

• Takes the criminal suspect's personal information (i.e., name, date of birth, physical characteristics);
• Records information about the suspect's alleged crime;
• Performs a record search of the suspect's criminal background;
• Fingerprints, photographs, and searches the suspect;
• Confiscates any personal property carried by the suspect (i.e., keys, purse), to be returned upon the suspect's release; and
• Places the suspect in a police station holding cell or local jail.

 

(Note: persons arrested for minor offenses may merely be given a written citation and released, after signing the citation and promising to appear in court at a later date.)

 

For criminal suspects who are placed in jail, the first priority is usually getting out. Except when very serious crimes are charged, a suspect usually can obtain pre-trial release through bail or "own recognizance" release.

 

Booking and Bail

After a criminal suspect is arrested, the next steps in the case are the processing of the person into police custody ("booking"), and a determination of his or her eligibility for release from custody in exchange for the posting of a set amount of money ("bail"). Click on the links below to learn more about booking and bail.

  

Basics

• Booking Find out what may happen after a criminal suspect is arrested and placed in police custody.
• Bail: Getting Out of Jail After an Arrest Discusses the process of setting bail, including what happens when you post bail and how to get out of jail on bail.
• "Own Recognizance" Release Discusses the process of releasing a suspect on his or her promise in writing to appear in court later on, and what a judge considers when deciding whether to grant "own recognizance" releases.

  

Bail Proceedings:

• Bail Proceedings: Background Basic description of bail proceedings from a historical perspective.
• Bail Hearing Procedures Discusses the factors a court may look at when deciding what is necessary to make sure a defendant shows up at trial.
• Posting Bail Explains how to post bail after an amount is set by the court.
• Bail Bond Agents Explains what a bail bond agent is and what he does.

 

Resource: FinLaw