MB The Mississippi Bar
US District Court

Arrested: What to Expect Next

McCormick Law Firm

Facing an arrest can be a daunting experience, whether it’s with or without a warrant. Understanding the next steps can provide clarity and ease some of the uncertainty during this challenging time.

If you find yourself arrested without a warrant, there are a few potential outcomes. Firstly, you might be released on your own recognizance, meaning you agree to appear in court at a specified date and time. Alternatively, you could be released on an appearance bond, which might be secured or unsecured, requiring you to pay a specified sum of money. If neither of these options is available, you’ll be brought before a judge for an initial appearance within forty-eight hours.

In the case of an arrest with a warrant, bail provisions may have already been determined by the judge. However, if not, the same rule applies—you’ll be taken before a judge within forty-eight hours for an initial appearance.

During this initial appearance, several key objectives are addressed:

  1. Confirming Accurate Information: The court ensures that the accused’s personal details, such as name, age, and address, are correctly recorded.
  2. Informing the Accused: The charges are formally presented, and the accused is provided with a copy of any charging affidavit.
  3. Assessing Probable Cause: If the arrest was made without a warrant, the court determines whether probable cause exists for the arrest.
  4. Advising Rights: The accused is informed of their rights, including the right to legal representation, the right to remain silent, and the right to contact an attorney or family and friends.

It’s important to note that if you’re released from custody before your initial appearance, the requirement for this appearance may be waived. Understanding these procedures can help navigate the legal process more effectively during a challenging time.

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