Arrested? Now What Happens?

Being arrested usually isn’t a good thing.  Sure, there are times when there is a bigger meaning behind being arrested, but I am not talking about changing the world in a civil disobedienace sort of way.  What I am referring to is the simple arrest following the issuance of an arrest warrant or being arrested at the scene of a crime.  Let’s distinguish the two and how you should look at them. 

Arrest following the finding of probable cause

One big distinction that I want to make sure is clear to everyone reading this is that once this happens, there is already a criminal case pending.  You will be brought before a magistrate or judge for an initial hearing pretty quickly.  

If this has happened to you, you need to realize that whoever arrested you had probable cause to initiate an arrest because a judge has signed off on the arrest warrant after reading the charges and what is called a probable cause affidavit.  This is a document that is a sworn statement by either the prosecutor or a police officer that gives a summary of the accusations against you.  

You may have already been assigned a bond that you can pay and secure your release.  If not, one will typically be set for you at the initial hearing (a few exceptions aside).  When the court sets the bond, it has to be reasonable.  Just know that your definition of reasonable and the courts definition of reasonable may differ.  For most misdemeanor cases in St. Joseph County, Indiana a bond is not typically required, however, if one does need to be posted it usually will not exceed $500.  With felony cases, bonds can range from just being released to hundreds of thousands of dollars.  

Arrest at the scene of a crime