Can you go to jail the same day you go to court?

Asked by: Miss Tess Hettinger DVM  |  Last update: July 19, 2025
Score: 4.3/5 (51 votes)

Short answer: Yes, you can go to jail at an arraignment. Depending on the plea entered and the severity of the charge or charges, a defendant may be taken into custody at an arraignment. If the court has set bail, the defendant may have to post it before they are released from custody.

Can you go straight to jail from court?

Yes. If you go and and sit in criminal court you will see the overwhelming majority of defendants go jail (then often then to prison) upon a guilty plea or conviction immediately. This is normal.

Can you go to jail at initial hearing?

Yes, you can absolutely go to jail at an arraignment in California. An arraignment is the first court appearance after an arrest.

What is the process of going to jail?

In criminal cases, typically after an arrest, you're booked into jail. Then, you're taken before a judge for arraignment to enter a plea. Lastly, you're entitled to a bail hearing which can result in pre-trial release. If you are arrested and taken to jail, your first concern is likely how to get out.

Does sentencing happen the same day as the trial?

In California, misdemeanors are usually sentenced same day. Felonies usually take longer, especially if convicted after a trial because there are often debates about what an appropriate sentence would be and a hearing will be held to determine what they'll get.

Will You Go to Jail for a Misdemeanor?

18 related questions found

Does turning yourself in reduce your sentence?

There are so many things that factor into sentencing that there is no way to say “turning yourself in will cut off 2yrs or 60% of your sentence.” In general, in the US plea deals result in less harsh punishments because you are saving the state the time, money and uncertainty of a trial.

How long does jail processing take?

How Long Does Booking Take? At its slowest, the booking process may take hours to complete. How long it takes depends on how many of the standard booking procedures are conducted (explained below), the number of arrestees being booked at the same time, and the number of police officers involved in the booking process.

Are you charged before going to court?

Either the same day or the day after a defendant is arrested and charged, they are brought before a magistrate judge for an initial hearing on the case.

What to expect when you go to jail?

The prisoner may be required to have a photograph and fingerprints taken for prison records. They will be given a pin number for making phone calls and information on how they can do this. The prisoner will also be asked to complete a list of whom they will be calling, and this list will be checked by the prison.

Do you stay in jail until arraignment?

California Bail

If you do not post bail you will remain in custody until your arraignment, which must take place within 48 hours of your arrest, not including weekends and holidays. If you post bail and are out of custody your arraignment will be set out several weeks.

Does pleading guilty reduce your sentence?

You may be able to enter into a favorable plea agreement with the prosecutor if you agree to plead guilty. They may drop the charges to a less serious offense or agree to reduce your sentence. This can be extremely beneficial, especially if you face a jail or prison sentence.

What happens when you first go to court?

The first court date in a criminal matter is called an arraignment. The judge will briefly advise you of your constitutional rights. You will be advised of the charges that have been filed against you.

How do you get out of court without going to jail?

The best way to avoid jail is to avoid a conviction by getting the case dismissed, either by filing motions to suppress or going to trial and getting a not guilty verdict from the jury.

Can you get out of jail sooner?

Parole board review: Inmates may need to apply for parole, and a state parole board will consider their request for early release. The parole board evaluates factors such as the inmate's behavior, rehabilitation efforts, and the nature of the offense before making a decision .

How long can you stay in jail without charges?

Most states allow prosecutors up to 72 hours after an arrest to file charges, although some states, like California, allow only 48 hours. If the prosecutor fails to bring charges within this time limit, the court has to release you. Failure to do that is a violation of your rights.

Are you in jail before trial?

Typically, a suspect will be remanded only if it is likely that they could commit a serious crime, interfere with the investigation, or fail to come to the trial. In the majority of court cases, the suspect will not be in detention while awaiting trial, often with restrictions such as bail.

How long does court usually last in a day?

On average, these hearings can last anywhere from a few hours to a full day, and sometimes, when the case is particularly involved, they can span over multiple days. In specialized courts, like family or bankruptcy courts, hearings might have different average durations.

What happens after you've been charged?

In this case, the police will give you a charge sheet, detailing the crime/s they'll investigate you for. Depending upon the severity of the offence and other factors, you'll either be released on bail or kept in custody until a court hearing.

Do they test you when you go to jail?

Drug testing can take place in all stages of the criminal justice system: arrest, in the pretrial phase, and during incarcera- tion, probation, and parole. Testing does not, however, take place in all stages in all jurisdictions.

Does spending a night in jail go on your record?

That you spent a night in jail is part of the public record. Most places with jails (some cities but mostly counties) release their records of daily bookings into their facilities.

Why does processing out of jail take so long?

If the jail is dealing with a high volume of inmates, processing times for new releases, including those who have posted bond, may be longer. Time of day: Release is typically faster during business hours when more staff are available. Posting bail at night or on weekends might lead to a longer wait.

How to convince a judge to reduce a sentence?

Here are ways to convince a judge to give you a lesser sentence.
  1. Hire a Criminal Lawyer. An experienced criminal defense attorney can identify potential weaknesses in the prosecution's case. ...
  2. Present Some Mitigating Evidence. ...
  3. Cooperate With Law Enforcement. ...
  4. Strictly Follow Court Orders. ...
  5. Hire a Seasoned Attorney.

Does cooperating with police help?

Cooperating with law enforcement is the best way to protect yourself legally. It is also the best way to protect yourself physically. You could be badly hurt, or killed, if you don't comply with the police. The best thing to do is comply with the police, and challenge their action in court.

What should I wear to turn myself in?

When you arrange to turn yourself in, try to wear comfortable clothing that doesn't look sloppy. If you intend to post bail immediately, bring your credit card or cash to pay the bond and essential identification, like a driver's license or state ID card. Limit any other personal property you bring along.