If you are wanted for a crime, you are probably wondering what happens after an arrest. At the Law Office of Vikas Bajaj, APC, we have over 16 years experience helping people accused of a crime. To assist you, we put together an infographic that explains the post-arrest process. If you need more information, call San Diego criminal attorney Vikas Bajaj to discuss your case. We offer a free consultation.
Phase One: Pre-arrest Investigation
During this period you may have been contacted regarding an ongoing investigation or served with a search warrant. If you are contacted by the police, remain silent and do not offer any information other than identification.
Phase Two: Arrest and Booking
If you are arrested, you need to remain silent at all times and ask for an attorney. After your arrest, you will be booked.
Phase Three: Arraignment and Bail
You must be brought before a judge for what is known as an arraignment within 48 hours of your arrest (not including weekends and holidays. Bail will be set at the arraignment.
Phase Four: Pre-Trial Proceedings
Felony Disposition Conference (FDC)
Depending on the charges, you will have a Felony Disposition Conference (FDC). During this conference, the prosecution might make an offer – otherwise known as a plea.
The preliminary hearing is set to decide two issues: (1) Is there probably cause to believe that a crime was committed, and (2) if yes, is there probably cause to believe that the defendant is person who committed the crime.
Phase 5: Trial
A defendant can choose either a trial by jury or trial by court (bench trial).
Phase 6: Sentencing
During the sentencing hearing, each side is given an opportunity to present and explain what type of sentence considerations the court should take into account.