What The Judge Does After You’re Arrested

After you are arrested, you will be transported to the police station and “booked.” Booking is the process of identifying you and recording your arrest. You will be photographed and fingerprinted, and an officer will ask you a series of questions, including questions about where you live, where you work, and your immigration status.

If you are arrested for a minor offense, the arresting officer may have discretion to set a minimal bail and release you from the station house. In almost all cases, after booking, you will be transported to court for your initial appearance before a Judge or other judicial officer (with, perhaps, a stop along the way for you to be interviewed by a bail agency). At this initial court appearance, the Judge will review the charges to determine whether there is probable cause to hold you. At this time, you are entitled to:

1. Notice and an explanation of the charges against you.

2. A copy of the charges.

3. Notice of your legal rights, especially your right to remain silent and your right to counsel.

4. Representation by a lawyer or the appointment of a lawyer.

5. A bail determination.

6. Setting of a preliminary hearing date.

At the conclusion of this hearing, you may be released on bail or detained to await further proceedings. At your next court appearance (your “preliminary hearing” or “arraignment”), you will be formally charged and enter a plea of “guilty” or “not guilty.” Following your arraignment, your case will proceed to trial, unless the matter is resolved before the trial by means of a plea bargain.

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Below is another informational video on DUI arrest.

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