If you are arrested, the officer may take you to the Fresno County jail or give a citation at the scene to appear in court.  Depending on the arresting agency, the officer may not arrest the person.  This may be the result of the agency’s policy, if the officer did not have enough evidence, or the person was taken to the hospital.  If a person is not arrested, police will generally give the person a citation.  When someone is cited to appear in court, the person will be required to sign a citation with a promise to appear at the court on the date and time written on the citation. Failing to arrest or give a citation does NOT mean criminal charges cannot be filed at a later date.

If the person is arrested and held in jail, the prosecutor must file charges within 48 hours of the arrest. Weekends, court holidays, and mandatory court closure days do not count against the 48 hours.  The deadline for arraignment may also depends on what time of the day the suspect was arrested. If a person bails out or is released early for jail overcrowding, the prosecutor does not have to file charges within 48 hours, and instead can rely on the statute of limitations to file a criminal complaint.  In order to determine the exact deadline, it is important to discuss it with an experienced DUI or criminal attorney.

Once arrested, the person will be booked into the county jail, which is usually ran by the Sheriff’s Department.  Sheriff Officers will ask for personal information, and suspects are photographed and fingerprinted.  A search incident to an arrest will occur and all money, jewelry and other personal items are taken for safekeeping.

If you are arrested, you should consider talking to an attorney and bailing out of custody.  It not only helps you stay out of jail, keep your job, but it will help to assist you in your defense because it is much easier for the defendant and attorney to communicate about the case.