Understanding the Arrest & Booking Process: Steps and Legal Guidance

• If I am arrested, what will happen?
• Do I have to talk to the police? 
• Can I be released from jail without having to pay bail?
• What’s the difference between a Misdemeanor and Felony?
• What happens after the Arraignment?

What Happens After You’re Taken to the Police Station

Booking Process

While at the station, the police will likely take your personal belongings, your fingerprints, and your photo. This is called booking. Depending on the facts of your case, Summit Defense may be able to seal the record of the arrest. If you’ve been charged with a misdemeanor, you may be released after booking and given a future court date. If not, you will be jailed until bailed out, or your Bay Area criminal defense attorney can arrange an “O.R.” (own recognizance) release.

What to Do If You Are in Custody of Law Enforcement

Do Not Discuss Your Case

If in custody, it is important to refrain from discussing anything about your case with anybody other than your attorney during a confidential visit. While in jail, you have no expectation of privacy:

• Phone calls are monitored
• Letters are inspected
• Other inmates are often “snitches”

Only speak openly with your attorney.

Understanding Your Arrest

An Arrest Is Not a Conviction

If arrested, remember that an arrest is only an accusation, not a conviction. Many people feel discouraged or hopeless after the drama and humiliation of being arrested. Whatever your circumstances, assume nothing until we’ve evaluated your case.

You Are Not Alone

Many Summit Defense clients are arrested before retaining us. They often tell us that the arrest was their lowest point, but they always feel better after we’ve worked together and created a plan.

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