Once someone has been arrested by police he or she will be transported to a place to be processed. The police will likely take fingerprints and compile all the individual’s information. In the event an arrest warrant has not yet been issued the police will take the person before the magistrate for the probable cause hearing. During this hearing the police officer will tell the magistrate the reason for arrest and the magistrate decides whether there is sufficient probable cause to issue a warrant.
If the magistrate decides to issue a warrant he will then decide if a bond will be set. The police will have a criminal record available which the magistrate will consider in addition to the nature of the current charge. In some cases the magistrate may decide to release someone on their own recognizance, which means the arrested individual does not have to spend time in jail and must show up at the assigned court date. In other situations the magistrate will advise the amount of the bond that has been set and if someone can post it no time has to be spent in jail. The money posted for the bond can be returned after the arrested individual goes to court.
If someone cannot post bond and must spend time in jail then he or she will be brought before the District Court judge within 24 hours of arrest. The judge will then advise the arrested of the charges against them and tell them they have the right to obtain an attorney. If you have been charged with a crime it is generally advisable to obtain an attorney.
