JONATHAN BURGE

Attorney at Law

For the majority of non-violent felonies, the police will not outright charge an arrested person.  Instead, they will release the person "pending investigation", allowing the prosecution to seek a future indictment.

For instance, if you get arrested for felony shoplifting (theft), the police will arrest you, try to question you, and probably release you "pending investigation".  Usually within a year, the prosecutors office will present your case to a grand jury.  If that jury finds probable cause for the charges, they return a true bill.  An arrest warrant is then issued, based on the warrant.  Bail is also set.  

All of this is a one sided process with no input from the defendant.  That is why it is very important that you speak with an experienced criminal defense attorney as soon as possible if released "pending investigation" by the police.  That way, an early investigation of your case can by conducted.  Also, the attorney can try to make some type of arrangements about your bail.  He can also try to arrange is so that you aren't arrested on the new warrant, but can instead turn yourself in.  If you are arrested and released without any bail set, seek legal advice immediately.

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