If you have recently been concerned that a family member or loved one is missing, you may now be considering checking to see if they have been arrested. Authorities have realized that it is important to have listed for public notification if someone has been arrested, and in this article we will unpack what it looks like to walk through that process. As always, please be sure to contact Gage Gandy for detailed information regarding your specific circumstances.
What is a “Writ of Habeas Corpus”?
A Writ of Habeas Corpus can be found within the United States Constitution “Bill of Rights”, and requires a “Letter of Physical Custody of a Body” be published by the government stating the charges and location of citizens in its custody. Simply stated, the United States has mandated that a written letter of possession be given to the State by law enforcement containing the location of a US citizen when they have been placed under arrest. This has been affirmed within the Constitution and is a common practice within each State here in the United States.
What is the process of an arrest?
From the moment a police officer arrests a person, be they a man or a woman, there is an arrest report created. In most squad cars, there is a computer attached to the dash, and this gives the officers the technology necessary to create the arrest report of the person they have just taken into their custody. From this computer, the information can be directly sent to the police station. Once at the police station, the accused person will go through the following process:
- Booking : collection of name, address, initial charges, fingerprinting, priors, mug shot
- Official Custody : taken to jail
- Logged : into the prison system database
How long before formal charges are made?
Beginning from the moment the arrest is made, the United States Government has anywhere from 24 to 48 hours to bring the accused individual before a judge and file their formal charges. In the case of a minor offense, their bail will be set at the time of arrest. However, should the accused be arrested for a felony, the judge might be the one to set bail. This is considered the Preliminary Hearing, where the accused goes before the judge and the government makes its formal charges.
Who do I seek out the information from about an arrest?
As a concerned family member, you can visit your local State website to look for your loved one under their name and address under Arrest and Bail, hence the “Writ of Habeas Corpus”. However, it is in your best interest to retain the services of a professional and experienced Bail Bondsman. Here at Gage Gandy, we are here to make this process easier. We will help you locate your loved one, the exact date and time of booking in the city, county, or State jail, and we are here to take the guess work out of this process for you. We help to collect the bail money to assist in the least amount of jail time served possible. In the case of a minor offense, once the accused has been booked into the jail system, they can bail out by offering a bond to secure and guarantee they will return for hearings and trial. Remember, under the law, a person should not be punished with jail time before they have been legally convicted of a crime.