A law enforcement officer makes an arrest when he has directly observed the crime committed or at some later time when an investigation suggests that the suspect probably is the offender (called probable cause).

When a person is arrested, he is taken to jail and "booked." Booking is the administrative recording of an arrest, conducted at a jail, and can include fingerprinting and photographing the suspect.

When an accused person is arrested, he must be brought before a judge within 24 hours for an initial appearance, or be released. At an initial appearance, the judge gives formal notice of the charge(s) to the accused, who may now be referred to as the defendant, informs him of his legal rights, appoints legal counsel on his behalf if necessary, and sets the conditions for his release from jail (if not previously released at the booking phase).

A defendant may be released on his own recognizance (O.R.) or by posting bail. A defendant released on his own recognizance is not required to post any money and is released on the basis of a promise to appear at future court proceedings. Bail is set by the judge according to the seriousness of the offense, prior criminal record, and the likelihood that based on community ties, the defendant will appear in court as required.

Bail is forfeited and a warrant issued for the re-arrest of any defendant released on bail, or his own recognizance, who fails to appear at a required proceeding. Defendants released after the initial appearance are ordered to adhere to certain restrictions set by the Judge.

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