What happens during a felony arrest?
If you are arrested and booked for a felony in a state case, the first appearance is usually at what is called an “investigation calendar.” The purpose of that court appearance is for a judge to determine if there is probable cause to hold you in jail or require bail, and if so, to set bail. In most courts, the judge makes the probable cause determination based upon a sworn police statement which summarizes the charges. It is a very low threshold and the court assumes the allegations are true. In a small number of cases, a court will find no probable cause. After probable cause is determined, then the lawyers can argue for bail or for a personal recognizance (PR) release. A PR release is a simple, signed promise by the arrested person to return to court.
