What happens when someone is arrested and why is he allowed out on bond?
The person being arrested is taken to the local jail/justice center where he or she goes through a booking procedure that requires the person to be searched, photographed, finger printed and here certain personal identifying information is gathered. Both our state and federal constitutions contain a bond requirement for the purpose of ensuring the person’s appearance in court. Under our criminal justice system, as you have heard on all of those television crime shows, a person charged with a crime is deemed innocent until proven guilty, so most people are afforded the opportunity to make bond and many do make bond. The magistrates, judicial commissioners or judges make set the bond amounts, not the District Attorney General or anyone in his office!
However, sometimes a person can be held without bond depending on the nature of the criminal charge and the person’s flight risk, usually based on prior criminal conduct or history, and lack of ties to the community. After booking the person is allowed to attempt to make bond through a family member, friend or bonding company. The person then, within a short period of time, is ‘arraigned’ before a magistrate, judicial commissioner or judge. The period for when this ‘arraignment ‘occurs is usually determined by whether or not they have been able to make bond.