Arrest and Booking

Arrest is the first step in the sometimes lengthy criminal justice process. If you're receiving a call from your loved one in jail, then this part of the process is already in the past. By now, the police are likely holding them in temporary lockup. In some cases, the police may transfer them to a local jail instead of holding them at the station.

Before this, your loved one will have gone through the booking process. Although "booking" gets a lot of play in popular media, it isn't a particularly complicated or exciting process. Instead, it is a series of simple administrative tasks, including fingerprinting and background checks. The police must always conduct this process following an arrest.

Initial Bail

In most cases, police place recent arrests into a holding cell at the station and assign a temporary bail. If television and movies have left you thinking that a judge always sets bail, then think again. Initially, the bail is based on a schedule of standard charges. Unlike bail set by judges, this schedule is nondiscretionary; the police have no control over the amounts.

Keep in mind that bail schedules are typically only available for relatively minor crimes or misdemeanors. If the police are holding your loved one for a traffic violation, for example, then they will likely have an initial bail set by schedule. For more severe crimes, a judge will set bail later in the process.

Release (or Not)

If the police have set bail, then this is your first opportunity to bring your loved one home. You can pay the bail amount set by the schedule, and the police will release them from custody. Your family member will now have a few days before their arraignment to work with a lawyer or make whatever arrangements are necessary.

Note that release during this period may not be possible. If the police are charging your loved one with a crime that isn't on the schedule of charges, then your loved one will need to wait for their arraignment. In this case, they can likely expect to spend 2-3 days in lockup.

Arraignment or Bail Hearing

Whether they remain in police custody or not, an arraignment is the next step on the road to their eventual court date. During the arraignment, the prosecutor will formally present charges, and your loved one will be expected to enter a plea. In the case of any serious crime, it is essential to have a lawyer present during this initial hearing.

In California, your loved one will also have the opportunity to request a bail hearing. During this hearing, they can request a reduction in bail or other special arrangements. Bail hearings may be held if the initial bail is unreasonably high or is burdensome for some other reason. Exceptional circumstances (such as a clean criminal history) may factor into this decision as well.

Working With a Bail Bond Agency

Once your loved one has a set bail, working with a bail bond agency is often the best way to ensure a quick release from custody. In California, a bail bond usually costs 10 percent of the total cash amount of bail. Albert Ramirez Bail Bonds can help you to get your loved one released quickly, whether they are being held in initial custody or have already been arraigned.