What Happens After an Arrest in Houston County?

What happens after an arrest in Houston County follows a fairly predictable path, even though every case is different. Whether the arrest was made by the Dothan Police Department, the Houston County Sheriff’s Office or state troopers, the case moves through booking, release, court appearances and, eventually, a resolution. This guide explains each step in plain language so you know what to expect and what rights you have.

What should you do right after an arrest?

Stay calm, stay polite and use your right to remain silent. You can give officers basic identifying information, but you do not have to answer questions about what happened. Say clearly that you want a lawyer, and then stop talking about the case.

• Do not resist, argue or try to explain your side to officers.
• Do not consent to searches of your phone, car or home; you can say so politely without interfering.
• Do not discuss the case on jail phones, which are generally recorded.
• Keep every piece of paperwork: citations, booking sheets, bond papers and court notices.
• Write down your next court date and where it will be held.
• Do not post about the arrest on social media.

What are the steps in a Houston County criminal case?

The general sequence looks like this. Misdemeanor cases usually skip the grand jury steps.

1. Arrest and booking. You are taken to jail, photographed, fingerprinted and your property is inventoried.
2. Bond and release. A judge or magistrate sets bond and release conditions, and you may be released once bond is posted.
3. Initial appearance. If you remain in custody, a judge explains the charge and your rights and reviews release conditions.
4. Preliminary hearing (felonies). If requested before indictment, a judge decides whether there is probable cause to send the case on.
5. Grand jury (felonies). A grand jury reviews the evidence and decides whether to issue an indictment.
6. Arraignment. You are formally told the charge and enter a plea.
7. Discovery and motions. The defense reviews the evidence and may ask the court to suppress evidence or dismiss charges.
8. Resolution. The case ends by dismissal, diversion, a plea agreement or a trial.

What happens during booking?

Booking is the jail’s intake process. Depending on the arresting agency and the charge, booking may take place at the Dothan City Jail or the Houston County Jail. Officers record your identifying information, take fingerprints and a photograph, inventory your belongings and check for outstanding warrants. Booking can take several hours. You will usually receive paperwork showing the charge and a case or booking number — keep it.

How does bond work after an arrest in Houston County?

Bond is the way most people are released while the case is pending. In Alabama, a judge or magistrate generally sets the bond amount and conditions based on the charge, your ties to the community, your criminal history and any risk to others. Many charges have a standard bond range, but a judge can set a different amount.

Bond can generally be satisfied in several ways: paying cash, using a licensed bonding company (which typically charges a non-refundable fee), pledging property, or being released on your own recognizance without paying money. Release almost always comes with conditions, such as appearing at every court date, avoiding contact with certain people and not committing new offenses. For some serious violent charges, the State may ask the court to hold a person without bond after a hearing. Violating a release condition can lead to re-arrest.

What happens at the initial appearance?

The initial appearance is a short hearing in front of a judge. Under Alabama’s criminal rules, a person who remains in custody generally must be brought before a judge without unnecessary delay, and in most cases within about 72 hours of arrest. After an arrest without a warrant, a judge or magistrate generally must also find probable cause within 48 hours. The judge tells you the charge, explains your rights — including your right to a lawyer and to have one appointed if you cannot afford one — and reviews bond and release conditions. You are not asked to prove anything or tell your side at this hearing.

Alabama-specific: Your right to remain silent applies at every stage — on the street, at the jail and in court. In Alabama, as everywhere, statements you make to officers, other inmates or on recorded jail calls can be used as evidence. The safest course is to talk about the case only with your lawyer.

What is the difference between district, municipal and circuit court?

Alabama splits criminal cases among several trial courts. Knowing which one has your case tells you a lot about what comes next.

Most Houston County cases are heard at the Houston County Courthouse in Dothan. Appeals from district or municipal court to circuit court generally have short deadlines, so ask about them right away if a case does not go your way.

What happens at a preliminary hearing?

In a felony case, a preliminary hearing is generally available in district court if it is requested before a grand jury issues an indictment. The State must show probable cause — a fairly low standard — that a crime was committed and that you committed it. Witnesses, often the investigating officer, may testify and can be cross-examined. If the judge finds probable cause, the case is sent to the grand jury. Even when probable cause is found, the hearing can give the defense an early look at the State’s evidence and its witnesses.

How does the grand jury work for felony charges?

In Alabama, felony charges generally must be presented to a grand jury, a group of citizens who meet privately to review the State’s evidence. The prosecutor presents the case; the defense generally does not take part. If the grand jury finds enough evidence, it returns an indictment, a formal written charge, and the case moves to circuit court. If it does not, it returns a “no bill” and the charge does not proceed on that indictment. It can take weeks or months for a case to reach the grand jury.

What happens at arraignment?

Arraignment is when you are formally told of the charge and enter a plea. In felony cases, arraignment generally happens in circuit court after indictment. Most people plead not guilty at this stage, which gives the defense time to review the evidence. In some cases, a lawyer can file a written not-guilty plea so you do not have to appear. The court may also set dates for motions and trial.

What happens after arraignment?

After arraignment, the case moves into discovery, motions and negotiation. The defense reviews police reports, video, lab results and witness statements. A lawyer may file motions to suppress evidence from an unlawful stop or search, or to dismiss charges for legal defects. Many cases resolve through dismissal, diversion programs where available, reduced charges or a plea agreement. Others go to trial, where the State must prove guilt beyond a reasonable doubt. If a case ends in dismissal or acquittal, you may be able to seek expungement of the record.

When should you contact a criminal defense lawyer?

As early as possible — ideally before any questioning and before the first court date. Early advice can protect your rights, preserve defenses, meet short deadlines such as the window to request a preliminary hearing, and in some cases affect bond. Learn more about how our firm handles criminal defense in Dothan, or read about Alabama DUI penalties if your arrest involved impaired driving.