How Long After Arrest Do You Find Out What the Charges Are?

After an arrest, your first court appearance will typically take place within the next 48 hours. There, the prosecutor will inform you and the court of the charges filed against you – this is called arraignment.

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Once you have been arrested for a crime, you should hear your charges fairly quickly. Typically, your first court appearance will be scheduled within 48 hours of your arrest. At your first court appearance, the court will present you with the charges against you. You will also learn about the conditions of your pre-trial release.

How your case progresses and how long it will take depends on several factors—the most important of these is the type of offense.

For instance, if you have committed an infraction (a minor offense), in most cases you won’t have to appear in court at all. Infractions include a traffic ticket, noise violations, or not keeping your pet on a leash. You can often resolve an infraction via email, phone, or online. If so, the infraction notice will let you know how to resolve it. 

If your arrest is for a misdemeanor or felony, the consequences will be more serious. You will likely want a lawyer to defend you, especially in more serious cases. We can connect you with an affordable criminal defense lawyer in your area.

Here are the three most common scenarios for what can happen after you are arrested for a misdemeanor or felony:

• You may be charged and then released “on your own recognizance”, also known as “OR” or a personal recognizance. This means the authorities will release you without the need to post bail, assuming you submit a written promise (known as “cite release”) that you will appear in court at a later date. 

• You could be taken into custody, booked, and taken to jail. If you are eligible for bail, your bail will be set. If you can post your bail, then jail officials will release you. You will need to appear in court at a specified later date. 

• If the judge deems you ineligible for bail, or if you are unable to post bail, you will be booked into custody and will remain in jail until your court appearance.

How Long Will You Be in Custody Before Your Court Appearance?

The next step of the process is known as an arraignment. During the arraignment, you will need to appear before the judge for a formal reading of the criminal charges filed against you. 

Most jurisdictions require the defendant to have an arraignment “without unnecessary delay” and within 48 hours following their arrest. This does not counting Sundays and public holidays, which can extend your time held as courts are closed.

If you are eligible for bail and have posted bail, the court will inform you in writing about your next court date at the time of your release. 

Your court date will be set depending on the court’s availability. Note that when you post bail, your court date will typically be set for later than if you would have remained in custody. 

If you remain in custody on a misdemeanor charge, your trial will typically be scheduled within 30 days following the date of your arraignment, depending on your jurisdiction. If you are not held in custody when awaiting trial, it may be set within 45 days following the arraignment, depending on the jurisdiction. 

If you face felony charges (criminal offenses punishable by a prison sentence of one year or longer), you will need to enter a plea during the arraignment. After your charges have been read to you, you will need to enter one of the following pleas:

• Not guilty (not admitting that you have committed the offense)
• Guilty (admitting that you have committed the offense)
• Nolo contendere or no contest (you do not admit that you have committed the offense but accept the punishment)

Preliminary Hearings

In most felony cases, there will also be an intermediate stage in the criminal process known as a preliminary hearing.

During a preliminary hearing, the prosecutor will need to “convince” the judge that there is probable cause to suspect you of the crimes that you are being charged with.

Typically, a preliminary hearing will occur within 10 court days following your initial arraignment. You can waive your right to a preliminary hearing within 10 days, in which case it will be held within 60 days of your initial arraignment. 

If the judge decides there is probable cause that you have committed the offense you are charged with, you will need to answer to these charges. The prosecutor will then file the information, which is a formal criminal charge, on which you will be arraigned. The information typically needs to be filed within 15 days of the preliminary hearing.

What Is the Right to a Speedy Trial?

Under the Sixth Amendment of the United States Constitution, a defendant in a criminal case has the right to a “speedy” trial. This means the defendant must be tried for the charges filed against them within a reasonable time after arrest.  

However, as there is no specific time period that constitutes “a speedy trial” under the Sixth Amendment, the actual time you need to wait for a trial depends on the specifics of your case and the jurisdiction where your case resides. Some states ‌have laws in place that define the time period during which they must hold a trial after they have filed the charges. In other states, however, no such time periods exist, which makes the idea of a speedy trial more dependent on the nature of your case.

If your trial has been delayed for an unreasonable amount of time, the court has the power to dismiss your case altogether.

You also have the option to waive your right to a speedy trial to allow more time to prepare your defense. 

Where to Look for a Defense Attorney

Unless the court appoints a public defender, you will need to hire a private defense lawyer to manage your case. If you are incarcerated, someone you trust can find an attorney for you.

A criminal attorney will generally charge you a flat price to provide the full set of services needed for your defense. This includes researching your case, drafting a written response to charges, negotiating a plea deal if needed, and attending court hearings. The typical price for criminal defense services ranges from $2,000 to $15,000. If any additional work is involved, attorneys may charge you an extra per hour rate of $150 to $700 per hour.

You may be allowed to represent yourself in court if the judge finds you competent enough to do so, but a positive outcome is extremely unlikely. Even attorneys who have been charged with a crime tend to be represented in court by someone else.

You can turn to Unbundled Legal Help’s network for full legal representation. Since we work with many smaller law firms and independent attorneys, the prices for their services tend to be very reasonable. Following a phone consultation about your case, lawyers in Unbundled Legal Help’s network typically provide full representation for 50% less than most other attorneys.