An arrest occurs when a police officers exercises their power to take a person into custody. This occurs when a person is no longer free to leave or move about; they do not need to be physically restrained. Once a police officer has placed a person under arrest, the Criminal Law process has begun.
After a person has been arrested and taken into custody, they will go through the booking process. This is the process involves recording the person's personal information, fingerprinting, background checks, confiscation of property, and then the placement in a jail cell. A determination will then be made about their eligibility to be released from jail, also known as bail. Bail is the amount of money that a defendant must pay in order to be released from jail. The bail money will be refunded when the defendant shows up for their court appearances. Judges are responsible for setting bail. The U.S. Constitution guarantees that an assigned bail amount will not be excessive. During this process, a Criminal Law lawyer can ensure your constitutional rights are protected.
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