| About arrests
According to the Fourth Amendment of the U.S. Constitution, the police can only arrest a person when they have probable cause, which means that they have to have a good reason to believe there's been a crime and that the suspect committed it.
|
| Administrative hearing
When the police arrest a criminal suspect, the case passes to a prosecutor, who examines the evidence and decides whether or not to file charges. In felony cases, which are crimes carrying penalties of a year or more in prison, the prosecutor may enlist the help of a grand jury.
|
| Bond hearings
When a suspect has been charged with a crime, a trial date is set by a judge at a hearing or arraignment. At this time, the judge will also decide whether or not the defendant is to be returned to custody or be released on bail until the trial.
|
| Constitutional rights
The U.S. Constitution protects you from unjust detention or unfair treatment by the authorities in a number of ways. According to the Fourth Amendment, the police are not allowed to arrest you unless they have probable cause.
|
| Posting bail
Bail is an amount of money, or the equivalent, that you give to the court as a guarantee that you'll appear for trial as ordered. You can post bail in the form of cash, a check, property, or a bond.
|
| Release alternatives
If you've been charged with a misdemeanor, you'll generally be released from custody immediately and ordered to appear in court at a certain time. If you've been charged with a more serious crime, you'll appear before a judge at an initial hearing or arraignment, at which time bail will be set.
|
| Resisting arrest
According to U.S. Code, if you resist arrest by any person designated to make arrests, you can be fined and imprisoned for up to a year. State laws vary, but generally anybody who willfully resists, delays, or obstructs a peace officer in the performance of his or her duty is in violation of the Penal Code.
|
| Your rights when arrested
Technically, you're under arrest when you're no longer free to walk away from the arresting officer, who is obliged to inform you that you're under arrest.
|