For a person who has never been arrested before, understanding the process can be difficult, confusing, and scary. At Law Office of Michael L. Fell, we are here to provide comprehensive criminal defense services. That includes helping you understand the process. Today we will discuss what to expect in the booking process of an arrest. If you have questions or want to request a free legal consultation, contact us at (949) 585-9055 right away.

The Basics of Booking

When you hear the word “booking” being used in this context, it refers to processes and procedures in which the police cite or arrest someone and then write a report with all the facts of the situation. That report will include a summary of the events leading up to the arrest, a listing of the law (or laws) that the alleged perpetrator is accused of, details about that person, and the names of any witnesses. When complete, the officer files the report.

What to Expect After the Report is Finalized and Filed

Once the booking report has been finalized and filed, it goes to the district attorney or prosecutor. They then decide if they should file charges against the accused and, if they decide to charge them, what they should charge them with. If the charge is a wobbler (which means it can be charged as a felony or misdemeanor), then the prosecutor will also decide which to charge the accused with.

Defendants have a constitutional right to a speedy trial. As a result, in most cases, the prosecutor is required to file charges within 48 hours of their arrest.

Booking is Not the Same Thing as Arraignment

Many people wonder if booking and arraignment are the same thing and are terms that are used interchangeably. The short answer is no, they are different. An arraignment is the first formal court proceeding that takes place in a criminal case. In it, a defendant appears before a judge and the judge makes sure that the defendant knows their rights.

The judge will further inform the defendant of the specific charges they are facing, and at this point, the said defendant can plead guilty, not guilty, or no contest. The court then determines bail based on the defendant’s criminal history, the specifics of the crime, and other factors.

You Should Contact an Attorney as Soon as Possible

You do not have to wait to be arrested and booked to contact a criminal defense attorney. You can also contact Law Office of Michael L. Fell at (949) 585-9055 as soon as you believe that you are going to be accused of a crime. The sooner you call us for a free consultation, the sooner we can start working to find the best possible outcome for your case.