Arrested? Here’s what happens next.
Navigating your life after an arrest is daunting, to say the least. Maybe you have just been released from jail, or your family and friends are doing everything they can to post your bond and get you back into the “real world.” The truth is, the arrest is only the beginning. Every week, we get calls from prospective clients, with the same question: “what’s next?” We break down for you what comes after the arrest below.
1. Bond versus Bail
In nearly every criminal case, before a defendant can be released from jail, the Court sets a bail that must be met. Although the terms “bail” and “bond” are commonly used interchangeably, the words have different meanings.
Bail—the amount of money that must be provided to the Court, in exchange for your release. This is the cash money that the defendant puts up to be let go.
Bond—When a defendant does not have the cash on hand, a bond acts as a guarantee that you will appear. This comes in the form of a bonding company. The bonding company promises to pay the amount set by the Court if the defendant fails to appear for trial.
2. First Call
Whenever someone is charged with a crime in Alabama, unless they are released beforehand, a judge must see them within 72 hours - a “first call.” This first step in the judicial process is crucial for two (2) reasons. First, it serves as an opportunity for the defendant to learn exactly what they are being charged with, request and attorney if they cannot afford one, and ask the court to set their case for a Preliminary Hearing. Second, the judge informs the defendant of the amount at which their bail is set.
3. Preliminary Hearing
This is the first time a defendant gets to learn the evidence gathered against them. This is not a guilt phase hearing—therefore, you will not be convicted or acquitted. Rather, a Preliminary Hearing serves as the first opportunity for your attorney to question the prosecution’s witness. In Alabama, a Preliminary Hearing must be requested within 30 days of an arrest and only applies to felony charges.
4. Grand Jury
Every felony charge must go before a Grand Jury of the circuit in which the alleged crime was committed. This State-controlled, confidential phase consists of the prosecution questioning witnesses to an alleged crime in front of 18 people from the community. The threshold to indict a case is low and must only reach the level of probable cause. Similar to a Preliminary Hearing, this is not a guilt-phase proceeding. Instead, it serves to send the case to the Circuit Court.
5. Circuit Court
At this point, an arrest has been made and a Grand Jury has determined that probable cause exists to hand down an indictment. The circuit court serves as the felony trial court and is the point in a case’s life that defense attorneys aggressively fight for their clients’ best interests. The case will eventually come before a 12-person jury of the defendant’s peers for trial. Both sides will put on evidence and argue their position in front of the jury.
Facing an arrest not only turns your life upside down, it is the beginning of a long journey with the goal of receiving the justice that our laws guarantee. Do not face this road of obstacles alone. At Ty Taylor Law, we are highly trained and equipped to guide you through the criminal justice system. We do not back down from taking a case to trial and will always fight for your best interests.
Give us a call today at (334)657-9909 or click here to email us!