If you are arrested as the result of a warrant or at the scene, it is a very scary situation. No one wants to sit in jail. You have certain rights in these circumstances.

When you are arrested, you will be placed in handcuffs and taken to the police station. You will be fingerprinted and processed. You will then be taken before a Commissioner who is available 24 hours a day. You have the right to be represented before the Commissioner although most people waive their right to an attorney.

The Commissioner will evaluate numerous factors such as the seriousness of the charges, your prior record, whether you have failed to appear for court in the past, whether you have some place to go, and whether you are a flight risk. The Commissioner will then either release you on your own recognizance, set bail, or order that you be held without bail.

If you are released on your own recognizance, then you get to go home. If bail is required and you post bail, you also get to go home. However, if you are denied bail or do not post bail, then you will be held in jail until the next business day. This means that if you are arrested on a Friday, you will be held until Monday which is why it is a bad idea to turn yourself in on a warrant on a Friday.

The next business day you will have a bail review hearing before a judge. Typically, you would appear remotely from jail. You have the right to counsel at the bail review hearing and you should exercise that right. Your attorney will be in the courtroom and can advocate on your behalf. The judge will then decide whether you should be released on your own recognizance, bail should be set, or you should be held without bail. There are many circumstances where a judge will release you even if the Commissioner denied bail.

If the judge denies bail, you have a couple of options. You can file a renewed motion for a bail review if there is a change in circumstances. An example would be if the State drops felony charges at the preliminary hearing. You also can file a Petition for Habeas Corpus in the Circuit Court. This could get you a hearing where the Circuit Court judge can release you or allow bail.

If you are aware of a warrant, contact an attorney. In certain cases, an attorney can file a Motion to Quash asking that the warrant be recalled. These are most often granted for bench warrants where a defendant fails to appear for court.