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The Arrest
An arrest occurs when a suspect is physically taken into custody by the police. Arrests must be based on “probable cause” — that is, a reasonable belief that a crime has been committed, and that the individual arrested has committed that crime. Once arrested, a suspect is transported to a holding facility or jail, where he or she is searched and “booked.”
The suspect’s identifying information is recorded, and he or she is fingerprinted and photographed. Depending upon the nature of the charges, and if the suspect is eligible, a bail amount is set. Bail is posted with cash or a bond. Most defendants require the assistance of a bail bond company in order to post bail. A bond requires a non- refundable fee, usually ten percent, plus collateral. Cash bail is returned, less a small administrative fee, when the case concludes. Regardless of the manner of posting bail, if the suspect “bails out,” he or she still has the responsibility to appear at all court dates, or risks re-arrest.







