What Happens When You Get Arrested: A Step-by-Step Guide
This guide is reviewed periodically to reflect current North Carolina laws, court procedures, and publicly available information related to bail and the criminal justice process.
If someone in your family has just been arrested, you probably have one question: what happens next? This guide walks through the arrest process step by step — from booking through release — and helps you figure out what to do at each stage. It is written for families dealing with an arrest in North Carolina, with specific attention to how things work in Wake County.
Quick Answer: What Happens After an Arrest
After an arrest, the person is transported to a detention facility for booking. Once booking is complete, a magistrate reviews the charges and sets release conditions — which may include an unsecured bond, custody release, a secured bond, or house arrest with electronic monitoring (which also requires a secured bond). Not every arrest requires money for release. A licensed bail bondsman is only needed when a secured bond has been authorized and the family chooses to use a commercial surety bond. Release timing depends on booking, judicial review, document verification, and detention center processing.
Key Takeaways
- ✓ Not every arrest requires a bail bond — a magistrate may authorize an unsecured bond or custody release instead.
- ✓ Only a judicial official (magistrate or judge) determines release conditions and bond amounts.
- ✓ In practice, release conditions generally cannot be acted on until booking is well underway.
- ✓ A bondsman can post an approved secured bond promptly but cannot control the detention center's release processing time.
- ✓ What happens next depends partly on what the arrest is for — DWI, domestic violence, drug charges, and assault can involve different release procedures.
The Arrest Process Step by Step
Here is what generally happens after someone is arrested. The exact timing at each stage depends on facility volume, staffing, medical screening, and how quickly a judicial official can review the case.
| Step | What Happens | Who Controls It |
|---|---|---|
| 1. Arrest & Transport | The officer takes the person to a Wake County detention facility for booking. | Law enforcement |
| 2. Booking | Identity verification, fingerprints, photographs, charge entry, and medical screening. | Detention center staff |
| 3. Magistrate Review | A magistrate reviews the charges and criminal history, then sets release conditions. | Magistrate |
| 4. Bond Determination | The magistrate sets an unsecured bond, custody release, secured bond, or house arrest with electronic monitoring. | Magistrate / Judge |
| 5. Bond Posting | If a secured bond is set, a licensed bondsman can post it after approval and paperwork. | Bondsman & family |
| 6. Release Processing | The detention center verifies documents and completes its internal release process. | Detention center |
| 7. After Release | The defendant follows all release conditions and attends every court date. | Defendant & court |
Step 1: Arrest and Transport
When someone is arrested, the arresting officer transports the person to a detention facility for booking. Families should confirm the current custody status and location using the official Wake County Sheriff inmate search rather than assuming a specific facility. For help locating someone in custody, see the Wake County Detention Center information guide.
During transport, the person may be asked basic identifying questions, but they are not required to answer questions about the alleged offense. Under North Carolina law, a person who has been arrested has the right to remain silent and the right to consult an attorney. These rights apply from the moment of arrest.
Important Tip: Police are not required to read Miranda rights automatically just because someone is arrested. Miranda warnings generally apply before custodial interrogation — meaning before questioning someone in custody about the alleged offense. Case-specific legal questions should be discussed with a qualified criminal defense attorney.
Step 2: Booking
Booking is the administrative process where the detention center records who has been brought in, what charges they face, and what their identifying information is. The steps include:
- ✓ Personal information verification — full legal name, date of birth, address
- ✓ Fingerprinting and photographing
- ✓ Entry of charges and any warrants into the system
- ✓ Medical and mental health screening
- ✓ Inventory and storage of personal property
- ✓ Assignment to a housing unit or holding area
Booking time varies based on how many people are being processed at the same time, whether medical screening reveals any concerns, and whether all charge information is available from the arresting agency. There is no guaranteed booking time.
In practice, the person's information may not appear in the public inmate search system until booking is well underway. Families sometimes call a bondsman before the person appears in the system — that is normal, and a bondsman can begin gathering information while waiting for the record to update.
After booking is underway or complete, the person is generally given the opportunity to make a phone call to notify a family member, friend, or attorney.
Step 3: Magistrate Review and Bond Determination
After booking, the person is brought before a magistrate — a judicial official who reviews the charges and sets initial release conditions. The timing varies depending on the circumstances of the arrest, facility operations, and judicial availability.
The magistrate considers several factors under North Carolina G.S. 15A-534, including:
- ✓ The nature and circumstances of the alleged offense
- ✓ The weight of the evidence against the defendant
- ✓ The defendant's criminal history and prior failures to appear
- ✓ Family ties, employment, and residence in the community
- ✓ Financial resources
- ✓ Character and mental condition
- ✓ Length of residence in the community
Only a judicial official — a magistrate or judge — can determine release conditions. A bondsman does not set the bond amount, cannot lower it, and cannot change a judge's order. The bondsman's role begins only after a secured bond has been authorized and the family is ready to proceed.
Step 4: Release Options
North Carolina law provides several types of pretrial release. The magistrate decides which applies based on the factors listed above. Not every arrest requires money for release.
| Release Type | What It Means | Is a Bondsman Needed? |
|---|---|---|
| Unsecured Bond | The defendant promises to pay a set amount if they fail to appear, but pays nothing upfront. | No |
| Custody Release | The defendant is released to a designated responsible person or organization. | No |
| Secured Bond | The defendant must post the bond amount through cash, property, or a commercial surety bond. | Yes — if using a bondsman |
| House Arrest with Electronic Monitoring | The defendant is restricted to their home with electronic monitoring and must also execute a secured appearance bond. | Yes — the secured bond portion |
Under the current version of North Carolina G.S. 15A-534, house arrest with electronic monitoring is a statutory release condition — not merely an add-on. When a judicial official imposes it, the defendant must also execute a secured appearance bond. Electronic monitoring must be arranged through the approved process, and a bondsman cannot remove or replace that requirement.
For a detailed breakdown of how each release type works, see the Wake County bail process guide. For help understanding how bond amounts are determined for different charges, see the bond amounts by charge guide.
Step 5: Posting an Eligible Secured Bond
If the magistrate sets a secured bond, the family may choose to work with a licensed bail bondsman in Raleigh to post a commercial surety bond. The bondsman charges a premium — a fee for the service of executing the bond. Under North Carolina G.S. 58-71-95, the premium may not exceed 15% of the face amount of the bond.
The bondsman reviews the bond, the charges, the defendant's court history, and the cosigner's qualifications before approving the bond. Once approved, the bondsman prepares the paperwork, the cosigner signs the agreements, and the bond is posted at the detention center. For information about payment options, see the bail bond payment options page. For large or complex bonds, see the large bail bonds guide.
Step 6: Release Processing
After the bond is posted, the detention center must verify the documents and complete its internal release process. Release timing depends on:
- ✓ Bond-document verification
- ✓ Processing order at the detention facility
- ✓ Other unresolved bonds or charges
- ✓ Outside warrants or holds from other counties
- ✓ Electronic-monitoring setup if required
- ✓ Medical or administrative processing
- ✓ Facility volume
A bondsman can post an approved bond promptly but cannot control or guarantee the detention center's final release time. For more information about what can delay release, see the Wake County Detention Center information guide.
What Happens After Release
After the person is released, they must follow every release condition set by the court. Common conditions include:
- ✓ Attend every required court appearance
- ✓ Follow all no-contact or stay-away orders
- ✓ Follow travel, residence, firearm, and conduct restrictions
- ✓ Comply with electronic monitoring or house arrest if ordered
- ✓ Keep address and phone information current
- ✓ Stay in contact with the attorney
The defendant should confirm the next court date through an official source — the North Carolina Judicial Branch website or their attorney. Missing court can lead to a failure to appear, bond forfeiture, and a new arrest.
What Happens Next Depends on the Charge
The arrest process follows the same general sequence, but the charge itself can affect release conditions, timing, and what the family should expect. Here are the most common situations and where to find detailed guidance for each:
DWI Arrest
A DWI arrest may involve a secured bond, a sober-responsible-adult requirement, or license consequences that are separate from the criminal case.
DWI arrest and release guide →Domestic Violence Arrest
Covered domestic cases may require a judge to set release conditions, and no-contact orders are common.
Domestic violence release guide →Drug Charges
Drug possession, possession with intent, and trafficking are separate charges that can result in very different bond amounts and release conditions.
Drug charges and bond guide →Assault Charges
Assault charges range from a Class 2 misdemeanor to serious felonies, and some may trigger violent-offense release rules.
Assault charges and bond guide →Felony Charges
Felony classifications and the circumstances of the case can affect the release analysis, but the felony label alone does not determine one guaranteed bond amount.
Felony arrest guide →Failure to Appear / Warrants
Missing court can lead to an Order for Arrest, a new bond, or a C Bond if Finding 6 is checked on the release order.
Failure to appear guide →What If It Is the First Arrest?
Being arrested for the first time does not automatically determine the type of release or bond. The charge, circumstances, criminal history, statutory rules, and the judicial official's determination still matter. A first-time defendant may receive an unsecured bond, custody release, or a secured bond depending on the case. Do not assume that a first arrest automatically means a lower bond or immediate release — and do not assume it automatically means a high bond either. Each case is evaluated individually.
What a Bondsman Can and Cannot Do
A Bondsman Can
- ✓ Help verify custody and bond information
- ✓ Review an eligible secured bond
- ✓ Explain the bond process and payment options
- ✓ Prepare and post an approved secured bond
- ✓ Provide updates on the bond-posting process
A Bondsman Cannot
- ✗ Set, lower, or change the bond amount
- ✗ Remove a no-bond condition
- ✗ Change a judge's order
- ✗ Remove holds from other counties or agencies
- ✗ Guarantee a release time
- ✗ Provide criminal defense advice
What the Family Should Do Right Now
- ✓ Confirm the defendant's full legal name
- ✓ Check the official Wake County Sheriff inmate search for current custody status
- ✓ Copy every charge and abbreviation exactly from the custody record
- ✓ Record every bond amount and bond type
- ✓ Check for no-bond or judge-review entries
- ✓ Check for electronic monitoring or house arrest requirements
- ✓ Identify any outside warrants, probation holds, or other agency holds
- ✓ Avoid discussing the facts of the case publicly or on social media
- ✓ Contact a criminal defense attorney about the criminal charge
- ✓ Contact a licensed bondsman if a secured bond has been authorized — call Raleigh Bail Bonds or start the online application
Related Guides
- Wake County bail process — how bail works from arrest through release
- Wake County Detention Center information — inmate search, booking, and release details
- How bond amounts are determined — factors that affect the bond decision
- Bail bond payment options — qualifying 5% down and payment plans
- Failure to appear — what happens if a court date is missed
- Bail bond FAQs — common questions about bail, costs, and release
Frequently Asked Questions
What happens first when someone is arrested?
The person is transported to a detention facility for booking. Booking includes identity verification, fingerprinting, photographs, charge entry, and a medical screening. Once booking is complete, the person is brought before a magistrate who sets release conditions.
Does every arrest require a bail bond?
No. Under current North Carolina law, a magistrate may authorize an unsecured appearance bond, custody release to a designated person or organization, a secured appearance bond, or house arrest with electronic monitoring (which also requires a secured bond). A bail bondsman is only needed when a secured bond has been set and the family wants to use a commercial surety bond to satisfy it.
When can the person make a phone call?
After booking is underway or complete, the person is generally given the opportunity to make a phone call to notify a family member, friend, or attorney. The exact timing depends on facility procedures and how busy the facility is at the time.
What if it is the person's first arrest?
A first arrest does not automatically determine the type of release or bond. The charge, circumstances, criminal history, statutory rules, and the judicial official's determination still control. A first-time defendant may receive an unsecured bond, custody release, or a secured bond depending on the case.
Can a bondsman speed up the release process?
A bondsman can prepare and post an approved secured bond promptly, but cannot control the detention center's internal release processing. Release timing depends on booking status, document verification, other charges or holds, and facility volume.
What should the family do right after an arrest?
Confirm the person's full legal name and current custody location, check the official Wake County Sheriff inmate search, copy every charge and bond amount exactly, and contact a licensed bondsman if a secured bond has been set. Avoid discussing the facts of the case publicly.
What happens after the person is released?
The person must follow every release condition, confirm the next court date through an official source, attend every court appearance, and keep contact information current. Missing court can lead to a failure to appear, bond forfeiture, and a new arrest.
This page provides general information and is not legal advice. Criminal defense questions should be directed to a qualified attorney. Bail bond questions can be directed to Raleigh Bail Bonds.
Frequently Asked Questions
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