The first 72 hours after a felony fraud arrest can have a significant impact on a case. During this time, courts and prosecutors begin making decisions that may affect release conditions and future proceedings. Understanding what happens during this period can help individuals better navigate the legal system.
Arrest and booking process
After the arrest, the booking process begins immediately. Officers record personal information, take fingerprints and photograph the individual. They will also conduct a background check and search for outstanding warrants. During booking, officers will confiscate personal belongings. These items remain stored until release.
Under California law, authorities must bring the arrested person before a magistrate within 48 hours of arrest. This excludes weekends and holidays. This timeframe is strictly enforced to protect your constitutional rights.
Bail determination and release options
While California counties publish felony bail schedules, recent court rulings have changed how bail is applied in practice. The California Supreme Court has established that setting unaffordable cash bail is unconstitutional. For nonviolent offenses like felony fraud, courts must consider a person’s financial circumstances and set affordable bail or use nonmonetary release conditions.
Several options exist for release. One may post the full bail amount in cash if the court sets a financial condition. Another option is a bail bond, which typically requires a nonrefundable fee of about 10% of the bail amount.
In many cases, the court may grant release on own recognizance (OR), which requires no money but a promise to appear. The court may also impose non-monetary conditions such as check-ins or electronic monitoring. In some cases, legal counsel can request a bail hearing to argue for release or modification of conditions.
The arraignment hearing
The arraignment represents the first court appearance. During this hearing, the judge formally reads the charges. The defendant enters a plea of guilty, not guilty or no contest.
The judge may also impose conditions of release during arraignment. These conditions often include travel restrictions, regular check-ins with the court and orders to surrender passports.
Navigating the first 72 hours with legal support
The hours following an arrest are often filled with confusion. Having someone who understands the legal system can provide much-needed clarity. A legal professional can explain what is happening at each stage and help you understand the process. They can also communicate with the prosecutor, prepare for the bail hearing and gather information such as character references and employment records that may be helpful to the case.
Beyond the immediate procedures, a lawyer can begin reviewing the details of the allegations. While facing fraud charges is stressful, understanding the timeline and what happens at each stage can help you prepare for the road ahead.