Interviewer: When someone’s arrested, what’s the sequence of steps they’ll go through following the arrest?
You Are Taken into Police Custody or Will Be Issued an Appearance Ticket
Stuart Austin: In essence what happens is you are usually either given an appearance ticket by the police officer or taken into custody by the police officer. Depending on which of those two things happen, dictates when you’ll be able to go free the same day. If depends on if you’re on your own in court the next time. The other event that could occur is that you will have to be brought to the court by the precinct.
What Determines Whether You Are Taken into Custody or Issued an Appearance Ticket?
Interviewer: Who decides whether you’re just given a summons and released versus being arrested and taken into police custody?
A Domestic Violence Charge Will Typically Result in an Arrest
Stuart Austin: There are different charges that police precincts decide they will not give you an appearance ticket for, and they must issue an arrest. If there’s any major bounty, violent felony charge or more recently, many precincts will now take individuals into custody with domestic violence cases.
Interviewer: In domestic violence, the police have to arrest somebody? They can’t just give you a summons?
Stuart Austin: Correct. They have to make an arrest. They can issue a summons, but they can’t just let the case go. They have to actually make an arrest, and normally they will place you in custody for it.