Arrest and Charging

An arrest begins the criminal justice process, but arrest and prosecution are not the same thing. After police take someone into custody, a prosecutor must review the case and decide whether sufficient evidence exists to file formal charges. This critical decision defines what happens next for the accused person, who may be detained in jail or released on bond while awaiting formal charges and court proceedings.

The Charging Decision

When police arrest someone, they prepare a detailed arrest report and send it to a prosecutor. The prosecutor then decides whether to file charges and what those charges will be. Prosecutors can file charges that differ from what police initially arrested someone for—making charges more severe, less severe, or pursuing different offenses entirely based on their legal judgment. In some cases, prosecutors may present the evidence to a grand jury composed of citizens who decide whether sufficient evidence exists to proceed. If the prosecutor declines to file charges, the case ends and the accused person is released.

Time Limits for Charging

The law sets strict deadlines for when charges must be filed. Generally, prosecutors must file charges within 72 hours of an arrest if someone is being held in jail, though some states have tighter requirements. If charges are not filed by the deadline, judges must dismiss the case and release the detained person. These time limits prevent people from languishing in jail indefinitely while awaiting a charging decision.

Your Rights During This Process

When arrested, you have the right to know what you’re being arrested for and to be informed of any formal charges filed against you. You’ll typically learn the specific charges at your arraignment, which occurs within 48 hours of being charged. At the arraignment, the judge will inform you of your rights as a defendant, including your right to an attorney. If you cannot afford a lawyer, the court will appoint one.