What Happens After an Arrest in Pennsylvania

An arrest can be one of the most frightening and disorienting experiences a person can face. For many people in Pittsburgh, it is their first interaction with the criminal justice system. Questions come quickly: Am I going to jail? When can I go home? What happens next? Unfortunately, police officers are not there to explain your rights or options—and mistakes made early can follow you throughout the case.

At Frank Walker Law, we guide clients through every stage of the criminal process in Pennsylvania. Understanding what happens after an arrest helps you make informed decisions and avoid missteps that can damage your defense.

Arrest vs. Charges: An Important Distinction

An arrest does not mean you have been convicted—or even formally charged. An arrest means law enforcement believes there is probable cause that a crime was committed. Formal charges are filed later by the prosecutor.

Many people harm their case by assuming an arrest means guilt or inevitability. In reality, this is often the stage where a strong defense begins.

The Arrest and Booking Process

After an arrest, the individual is typically transported to a police station or county facility for booking. This process usually includes:

Recording personal information

Fingerprinting and photographs

Inventory of personal property

Entry into police databases

During this stage, you have the right to remain silent. Statements made during booking—even casual remarks—may be used later.

Preliminary Arraignment and Bail Determination

The preliminary arraignment usually occurs shortly after arrest, sometimes within hours. A magisterial district judge will:

Inform you of the charges

Advise you of your rights

Set bail or conditions of release

Bail decisions can significantly affect your life. Conditions may include no-contact orders, travel restrictions, or substance monitoring. Violating these conditions can lead to additional charges.

Bail Is Not Punishment

Bail is intended to ensure court appearance, not to punish. However, in cases involving assault, domestic violence, DUI, or alleged threats to public safety, bail conditions may be strict.

This stage often overlaps with PFA proceedings in domestic-related cases, making coordinated defense essential.

The Preliminary Hearing

The preliminary hearing is one of the most misunderstood stages. It is not a trial. Instead, the prosecution must show there is enough evidence to proceed.

This hearing offers important opportunities:

Challenging weak evidence

Exposing inconsistencies

Locking witnesses into testimony

Negotiating reduced charges

An experienced defense attorney can use the preliminary hearing strategically to shape the case.

Formal Arraignment and Pretrial Process

After the preliminary hearing, cases move to the Court of Common Pleas. The formal arraignment includes entering a plea and setting the stage for pretrial motions.

Pretrial litigation may involve:

Suppression motions

Discovery disputes

Negotiations with prosecutors

Evaluation of diversion programs

Cases involving DUI Defense or Drug Charges often hinge on suppression issues related to searches, stops, or testing.

Plea Negotiations vs. Trial

Not every case goes to trial, but not every plea offer should be accepted. Prosecutors may initially offer unfavorable deals, particularly when defendants are unrepresented.

Effective defense requires evaluating:

Strength of the evidence

Sentencing exposure

Long-term consequences

Risk tolerance

Some cases must be tried to achieve a just outcome.

The Role of Early Legal Representation

The earlier a defense attorney is involved, the more control you retain over the process. Early intervention can:

Prevent damaging statements

Preserve evidence

Challenge unlawful procedures

Improve bail outcomes

Influence charging decisions

Pittsburgh Courts and Local Procedure

Allegheny County courts have their own procedural nuances. Local experience matters when navigating schedules, prosecutors, and judges.

Speak With a Pittsburgh Criminal Defense Lawyer After an Arrest

An arrest does not define your future—but inaction can.

Contact Frank Walker Law for a confidential consultation.
We help clients throughout Pittsburgh and Western Pennsylvania understand the process, protect their rights, and fight for the best possible outcome.

FAQs

Do I have to talk to police after an arrest?
No. You have the right to remain silent and request a lawyer.

Can charges be dropped after an arrest?
Yes. Charges may be reduced or dismissed depending on evidence.

Is bail always required?
No. Some defendants are released on recognizance.

Should I hire a lawyer before my preliminary hearing?
Yes. This is a critical stage in your case.