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Booking & Bail


Booking

After arrest, a criminal suspect is usually taken into police custody and "booked," or "processed." During booking, a police officer typically:

  • Takes the criminal suspect's personal information (i.e., name, date of birth, physical characteristics);
  • Records information about the suspect's alleged crime;
  • Performs a record search of the suspect's criminal background;
  • Fingerprints, photographs, and searches the suspect;
  • Confiscates any personal property carried by the suspect (i.e., keys, purse), to be returned upon the suspect's release; and
  • Places the suspect in a police station holding cell or local jail.

(Note: persons arrested for minor offenses may merely be given a written citation and released, after signing the citation and promising to appear in court at a later date.)

For criminal suspects who are placed in jail, the first priority is usually getting out. Except when very serious crimes are charged, a suspect usually can obtain pre-trial release through bail or "own recognizance" release.

Bail

Bail is a process through which an arrested criminal suspect is allowed to pay money in exchange for his or her release from police custody, usually after booking. As a condition of release, the suspect promises to appear in court for all scheduled criminal proceedings -- including the arraignment, preliminary hearing, pre-trial motions hearing, and trial.

If an arrestee is not allowed to post bail at the police station immediately after booking, a judge may decide later, at a separate hearing or the arraignment, whether to allow release on bail. The bail amount may be predetermined, through a "bail schedule," or the judge may set a monetary figure based on:

  • The seriousness of the crime;
  • The suspect's criminal record;
  • The danger that the suspect's release might pose to the community; and
  • The suspect's ties to family, community, and employment.


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