Getting arrested is one of the most overwhelming experiences someone can go through — especially if it’s your first time dealing with the legal system. Beyond what you’ve seen on TV, the real process is more complicated, more bureaucratic, and often more confusing.
In this blog post, we’ll walk you through what really happens after an arrest, what your rights are, and how each step in the criminal justice process unfolds — from the moment the cuffs go on to your day in court.
Step 1: The Arrest Isn’t the End — It’s the Beginning
Contrary to what many people believe, an arrest doesn’t mean you’re “charged” or “guilty.” It’s just the start of the legal process.
- You’re taken into custody and brought to a police station for booking.
- You’re fingerprinted, photographed, and your personal belongings are cataloged.
- In most cases, you have the right to remain silent and the right to an attorney.
Pro tip: Use those rights. The time to talk is later, with your lawyer by your side.
Step 2: Arraignment — Your First Court Appearance
Within a short time (usually 48 to 72 hours), you’ll be brought before a judge for an arraignment.
Here’s what happens:
- The charges against you are formally read.
- You’re asked to enter a plea: guilty, not guilty, or no contest.
- The judge will determine bail — or whether you’ll be released on your own recognizance.
This is also when legal representation becomes crucial — because decisions made here can affect your freedom, your finances, and the trajectory of your case.
Step 3: Pretrial Motions & Evidence Discovery
This is where the courtroom drama really starts — just behind the scenes.
- Both the defense and prosecution exchange evidence (this is called “discovery”).
- Your attorney may file motions to suppress evidence or even dismiss the case entirely.
- Investigations, witness interviews, expert reports — it all happens during this phase.
Many cases are resolved here — before they ever go to trial.
Step 4: Trial or Plea Bargain?
Depending on the strength of the evidence, your attorney may recommend:
- Going to trial to fight the charges.
- Negotiating a plea deal to avoid harsher penalties.
Trials are more common in serious cases (like felonies or high-profile misdemeanors), while plea bargains are often used to resolve less serious matters quickly — but they’re not without consequences.
A good attorney will lay out all your options, including potential sentencing ranges and the long-term impact of each decision.
Bonus: What Most People Get Wrong
Here are three myths that often trip people up:
- “If I’m innocent, I don’t need a lawyer.”
Reality: Innocent people still get convicted without strong legal defense. - “I’ll just explain it to the judge.”
Reality: Judges can’t offer legal advice. They rule based on what’s presented. - “The truth will come out eventually.”
Reality: The truth needs to be proven — through skillful litigation and evidence strategy.
Know Your Rights, Protect Your Future
The criminal justice system is not designed to be easy to navigate — especially when you’re scared, confused, or unfamiliar with the law. If you or someone you care about is facing charges, understanding these steps can mean the difference between panic and preparedness.
If you want to learn more about your rights or what an experienced defense attorney can do for your case, Shane Scanlon Law offers resources that can help you get informed before you make any critical decisions.
