The length of time it will take to be released from jail after an arrest will vary, based upon the type of criminal charge. Some crimes will require that bail is posted, which makes the process longer, particularly if a bail hearing is necessary. In other cases, a person may be released on his or her own recognizance, and the time spent in custody will be shorter.
Overview of the Criminal Process
The process starts with an arrest. You are then taken to the police station, booked and then placed in a holding cell. After the booking process is complete (which often takes hours), you be allowed to make a phone call. It is suggested that you get in touch with a defense lawyer who can manage all the details, including finding you a bail bondsman so you can get out of jail and return home if bail is required in your case. For more serious crimes, you could be transferred to the county jail.
It could take many hours to be released, even in the simplest cases. For example, if you are charged with DUI, and were arrested at night, you probably will not be released until the morning, and after appearing in court and being formally charged. The criminal justice system doesn’t move quickly, and you have to be patient, as you may be in custody for a period of time before your release. You would be smart to get in touch with an attorney so you can get out of jail as quickly as is possible, based upon the facts in your case, and what bail amount the judge demands in your case. If too high to afford, your attorney can negotiate it lower in many cases.
At Jonathan Blecher, P.A., I have nearly 30 years of legal experience representing a wide range of criminal matters. Following an arrest, time is absolutely crucial – it’s imperative that you retain immediate representation to begin building the defense you need.