When someone is arrested for suspected criminal acts, they are taken to a close-by jail or police station and booked. During and after booking, it is decided whether or not the person will be released, released on bail, or held without bail. If they are held without bail, it is usually because their crime is very serious, they have a previous criminal record, and the risk that they will not attend court hearings and simply flee is too great.
For other cases involving U.S. citizens, there is some form of bail set that the accused must pay to the court before they can leave the jail. Crimes involving bail can be misdemeanors or felonies. Examples of crimes for which bail may be required are:
- Domestic violence
- Auto theft
- Breaking and entering
- Threats of criminal activates
- Driving Under the Influence (DUI)
- Burglary and Robbery
- Physical abuse of family members
- Assault and battery
- Grand Theft
- Illegal drug sales and possession
Bail acts as insurance or guarantee that the accused person will attend their court hearings and trials or risk losing a large sum of money or assets. Bail is set by the judge and can be appealed by the accused. The judge has the power to lower or raise bail after it is initially set.
The Booking Process
Following a person’s arrest, they are taken and held in some form of police custody, which can be a city jail, detention facility, or “lock-up” (in a county jail). The arrested person is then processed in a procedure called “booking”. This process is conducted so that the police can make a full report and understand as much as possible about the case, research the person to see if they have a prior criminal record, and record the case in their permanent files. During booking, the usual procedures are as follows:
- The person’s personal information is taken by an officer. This includes full name, birth date, address, phone number, and the physical characteristics of the person.
- All personal property will be taken and stored by the police. These items will be returned when the arrested person is released.
- The defendant is searched for any hidden weapons or other items
- The officer will talk to the defendant and collect as much information as possible about what happened as told by the defendant. This will be recorded.
- Fingerprints of the person are taken
- Photos are taken of the defendant (mug shots)
- A search for any previous criminal record is performed
Depending on the outcome and severity of the alleged crime, the defendant may be held in custody until a bail hearing is held. This is a preliminary hearing in which a judge hears the case and decides what bail is to be set – if any.
If it is determined after booking that the crime is minor, the defendant has not criminal record, gang associations, and is in good standing in the community, they may be released with a written citation, and must promise to attend all court appearances.
If it is decided that the defendant must stay in custody and attend a bail hearing, then they must remain in a holding facility until then. The booking process can be lengthy and depends on the facility. It can take as long as 24 hours or more.
After the defendant is slated for release on bail, it can take 15 minutes to 1 hour to get released from a city or municipal jail, and 2 to 8 hours from a county jail.
