What actually happens when you are arrested?

[seamusTX]

I'd would appreciate it if someone in the know would describe exactly what happens when a person is arrested.

This is my understanding of the basics:
1. You're cuffed and read your rights.
2. Everything that could be considered a weapon is confiscated, including pens, keys, and shoelaces.
3. You're transported to the station, photographed, fingerprinted.
4. At that point, if you're eligible for an I-bond, you're released and you get your stuff back.

If you have to post bond, can you use your own cash or credit cards?

If someone has to post bond for you, how long does it take and how much does it cost?

If you're kept in custody, what happens to your stuff and when do you get it back. (I'm thinking that many people easily have $1,000 worth of stuff on them, jewelry, expensive shoes, etc., plus their wallet and keys). That's not even considering your carry piece, which again is easily $500.

If you're driving, what happens to your car? If the car is not evidence in the arrest, can someone who is with you drive it home, or is it always towed?

What happens if you have minor children with you?

Thanks for taking the time to answer, and if I don't have another opportunity to say so, have a merry and safe Christmas.

- Jim

[Commander]

I'm not the expert here, so some others might chime in and correct me if things have changed from what I remember.

Posting Bond- with your cash - yes as if you have suffiicent cash. Credit cards - depends on Jail policy.

Someone else posting bond for you. Generally, your "cost" of a bond is 10% of the bond amount. That is, if you have a $10,000 bond, it will cost you $1000 to pay a bail bonding company - no, you don't get this back.

Belongings - Depends on policy, but I believe you can authorize it to be released to someone unless its being held as evidence.

Vehicle can be released to someone who is with you, if they can legally drive.

Minor children - depends, can be taken to the PD/SO where relatives will be called. If unable to contact relatives, CPS will be contacted.

[txinvestigator]

I'd would appreciate it if someone in the know would describe exactly what happens when a person is arrested.

This is my understanding of the basics:
1. You're cuffed and read your rights.

The reading of your rights by the arresting officer is not required unless the officer is going to question you about your involvement in a crime. Questions about your identity, address, etc are not part of Miranda.

2. Everything that could be considered a weapon is confiscated, including pens, keys, and shoelaces.

Officers discretion. I never took a persons keys or shoelaces unless the key ring contained a handcuff key. ;)

3. You're transported to the station, photographed, fingerprinted.

Depends on the agency and arrangements with the county. We eliminated our city jail, and transported all arrestees to the county jail. of course, the county seat was my city. Some places you get transported to the city jail, then transferred to county for charges above class C.

4. At that point, if you're eligible for an I-bond, you're released and you get your stuff back.

If you have to post bond, can you use your own cash or credit cards?

If someone has to post bond for you, how long does it take and how much does it cost?

Bail is what the courts require in order for a person to be released pending trial. Some charges have a standard bail, and people can post it pretty quickly. More serious crimes require bail to be set by a judge on an individual basis.

You can use your own money. A bond is when you contract with a bonding company, called Bail Bonds. They post a bond with the court for the full amount of the bail. Typically you pay the bond company a percentage of the total bail, 10% being the norm. The cost is, of course, dependant on the dollar amount of the bond.

If you're kept in custody, what happens to your stuff and when do you get it back. (I'm thinking that many people easily have $1,000 worth of stuff on them, jewelry, expensive shoes, etc., plus their wallet and keys). That's not even considering your carry piece, which again is easily $500.

You stuff is retained at the jail. I imagine that there is a method in place to release an arrestees property to a person of his/her designation.

Maybe one of our folks who has worked in a jail can more definitively answer that.

If you're driving, what happens to your car? If the car is not evidence in the arrest, can someone who is with you drive it home, or is it always towed?

It depends on the circumstances and department policy.

What happens if you have minor children with you?

department policy will dictate. Another parent or relative can be called to the scene, or CPS can take custody.


Here is the law regarding Bail in Texas, if you are in the mood for some light reading. http://tlo2.tlc.state.tx.us/statutes/do ... m#17.01.00

[seamusTX]

Thanks for the responses.

Officers discretion. I never took a persons keys or shoelaces unless the key ring contained a handcuff key.

It may also be department or city policy. (I read about these things from time to time and get fuzzy on the details.)

I know minor charges have standard bail. I should have mentioned that to save you the trouble.

My understanding of felony-level charges is that you have to have an arraignment hearing. Some places (Houston, I think) have an "emergency" court that convenes every day. Others make you wait for the next business day.

- Jim

[Armybrat]

Pardon a newbie for saying so, but it sounds like you are planning for a heckuva New Year's celebration.

[seamusTX]

No, That kind of thing is well in my past.

I asked this question because I see comments from time to time that seem to indicate that some people think being arrested is not a big deal.

It can be not a big deal (out in a couple of hours with all your stuff), or it can mean several days in jail, the loss of a few grand, and the kids seeing daddy hauled off in cuffs.

I just thought it was worth discussing.

- Jim

[Liberty]

No, That kind of thing is well in my past.

I asked this question because I see comments from time to time that seem to indicate that some people think being arrested is not a big deal.

It can be not a big deal (out in a couple of hours with all your stuff), or it can mean several days in jail, the loss of a few grand, and the kids seeing daddy hauled off in cuffs.

I just thought it was worth discussing.

- Jim

I read somewhere that over 50% of Texans over 21 have been arrested at some point in their life. That would make getting arrested somewhat normal.

[seamusTX]

I read somewhere that over 50% of Texans over 21 have been arrested at some point in their life.

I can believe that.

- Jim

[gigag04]

I read somewhere that over 50% of Texans over 21 have been arrested at some point in their life.

I can believe that.

- Jim

That sounds high. We could do a poll here though. Results might be slanted though.

[seamusTX]

We could do a poll here ...

I was busted. Age 18. Acting stupid. Charges dropped.

Quite a few people whom I know well enough were busted at some point. I don't expect the others to mention it.

- Jim

[srothstein]

It differs by department, especially between rural and urban areas. Most rural departments will use the county jail instead of a city jail. Most of the large cities have a city facility for the initial hearing.

When an officer decides to arrest you, he will let you know (legally must identify himself, his agency, his authority, and the reason UNLESS it is obvious so figure he says you are under arrest). Most officers now cuff as soon as they decide you are under arrest and then search you, a change from older tactics where the search was before cuffing. At the scene, the officer will normally only take evidence or obvious weapons from you.

Officers, as TXInvestigator pointed out, are only required to read you your rights if they intend to ask you questions about the crime. Many officers will read them to you anyway, but many will not. If you make a statement on your own (not in answer to a question) without being read your rights, it is admissible. Most crooks think they must be read their rights, so they say some dumb things thinking I cannot use it. I have even had some tell me that they are not really under arrest because I did not read them their rights.

You are transported to a booking facility. You get turned over to the facility for processing (prints, paperwork, another search, etc.) and the facility will have its own rules for what you get to keep. Most places take all of the loose personal property but only take belts and shoelaces and the like if you are under a suicide watch. The property they take can be kept in the facility property room or the officer can take it to the police station property. If it is valuable, plan on it going to the police as the jail will not want the responsibility.

Legally, there is no such thing as a standard bail when you are booked. In reality, most cases have a set bail amount but it is not applied until you see a judge and he sets it. The judge at the initial hearing can set almost any bail he wants. Large cities usually have gone to a 24 hour judge for this hearing. Smaller towns and rural areas will make you wait until the next day (sometimes the next business day, they can legally go up to 72 hours if it is a weekend). BTW, the latest version of the law lets them use video conferencing for the hearing or take you to another county than the one you were arrested in.

Not sure what you mean by an I-bond, but assume you are referring to personal recognizance bonds. A judge can order you to pay a cash bond, a surety bond, or be released on your signature (personal recognizance). Most counties have a procedure where the bond office in the jail can determine if they want to let you out on a PR bond if the judge did not specifically order otherwise.

Assuming you are having to actually post a bond, you cannot use your own money or credit cards because you no longer have them in your possession. You can sometimes work with the jail to get them, but plan on having someone from the outside post your bond. If the judge allows a surety bond, say for $10,000 as one example, you can post this in several ways. You can actually pay the court the money, which you will get back when you show up for the trial - even if convicted. You can sign a lien on some property worth that much, like your house. Or you can use a bail bondsman to post it. In the last case, you generally pay between 10 and 25% and he posts the cash (well, he has already posted liens on property and has an amount he is allowed to post). You are out the money you pay him, basically it is interest on the loan of his money for bond.

Contrary to the movies, you are not restricted to just one phone call. In most cases, you can make as many as you want but they will all be collect calls. And the fees are outrageous as cities and counties have learned they can make a profit on these calls.

When you are released, the jail will give you the property that was left with them. For the property that was taken by the police, you need to go to their property room, which is usually a Monday through Friday 9 to 5 thing.

If you were driving a car at the time, it can depend on many circumstances. The officer is legally responsible for the car and its contents, so he can search (inventory) it and impound it at your expense. If you are willing to waive the legal responsibility, he may let someone else drive it or even leave it legally parked at the location. This will depend on local rules, the exact situation, if he thinks there is a reason to search the car, and your cooperation level. It is up to the officer in most cases, departments will allow other things but I have never heard of an officer being in trouble for going the safe route and impounding a person's car.

If you have minor children with you, the police will take custody of them. In most cases, they will call for another relative to get them, but only if it is a reasonable amount of time. They can take them to CPS or to a local children's center if no other adult is available. A lot of this will depend on local rules also. For example, San Antonio has a juvenile detective on duty all the time, so there will be someone available to watch while they wait for an adult. Luling has two officers, so they cannot usually wait nearly as long with the child (one is taking you, the other has to handle calls).

If you get arrested in a large city, figure on 4 to 6 hours until you can get out. If it is a rural area, figure on at least noon the next business day.

BTW, one of the meanest things a cop can do to you is take your wallet and put it in the property room. When he does, you need ID to get it, and all of the ID is in the wallet. How do you prove who you are for the jail when you wallet is in a building across the town or county and you cannot get it?

[seamusTX]

Not sure what you mean by an I-bond, but assume you are referring to personal recognizance bonds.

Thanks for your detailed reply.

I-bond was the term used in Illinois, where I grew up. I don't know the exact legal basis. If the arrestee didn't look like a flight risk and had no other legal entanglements, he could sign an affidavit saying he would show up for a hearing, and leave without posting cash bail.

- Jim

[KBCraig]

BTW, one of the meanest things a cop can do to you is take your wallet and put it in the property room. When he does, you need ID to get it, and all of the ID is in the wallet. How do you prove who you are for the jail when you wallet is in a building across the town or county and you cannot get it?

I read an example of that here:

http://photopermit.org/forum/viewtopic.php?p=739

[srothstein]

Not sure what you mean by an I-bond, but assume you are referring to personal recognizance bonds.

Thanks for your detailed reply.

I-bond was the term used in Illinois, where I grew up. I don't know the exact legal basis. If the arrestee didn't look like a flight risk and had no other legal entanglements, he could sign an affidavit saying he would show up for a hearing, and leave without posting cash bail.

- Jim

Then I was correct, that is what we call a PR bond.

[seamusTX]

BTW, one of the meanest things a cop can do to you is take your wallet and put it in the property room. When he does, you need ID to get it, and all of the ID is in the wallet. How do you prove who you are for the jail when you wallet is in a building across the town or county and you cannot get it?

Is there anything you can do to prevent that, like keeping ID in your pocket, or do the authorities essentially own you at that point?

- Jim