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If you are placed in custody, you have the right to a "speedy trial," which usually means that the prosecutor must decide within 72 hours which charges, if any, will be filed. A prosecutor is not bound by the initial charge decision, but may later change the crimes with which you will be charged once more evidence is obtained.

Note : The required time in which a prosecutor must make a charge decision varies from jurisdiction to jurisdiction. While many state laws require the decision to be made within 72 hours, other states, such as California, require that the decision be made within 48 hours after you are taken into custody.

You will have an appearance in court called an arraignment at which point the charges against you will be read and you will be asked whether you plead guilty or not guilty.

Note : A third possible type of response to an indictment is that of "nolo contendere" or "no contest." Nolo contendere is not strictly a plea, but means that you do not contest the charges made by the government. The plea of nolo contendere cannot be used in other aspects of the criminal trial as an admission of guilt, but can be used only in the indictment phase as an implied confession of the specific offense charged and an admission of the facts stated in the indictment. A plea of nolo contendere is only accepted by a judge if they feel that it is being made voluntarily and intelligently.

If you are placed in jail, you may be able to get out prior to your trial if you "post bail." Bail is money you pay to the court in order to ensure that you will appear in court when told to do so. If you do appear as required, the bail will be refunded to you. If you do not show up, the court keeps the money and can issue a warrant for your arrest.

Bail may be paid in cash or in a cash equivalent. You may also be allowed, depending upon the circumstances, to post a bond. A bond is a guarantee of payment of the full bail amount should the need arise. In other situations, you may be allowed to be "released on one's own recognizance." This means that the payment of bail is waived on condition that you appear in court when required. This is generally only used in crimes which are minor in nature or where the judge is of the opinion that you are a trustworthy individual who is unlikely to flee the jurisdiction.

Not every arrested individual is entitled to bail. In particularly heinous crimes, or where there is a risk that the defendant will flee the jurisdiction or harm members of the public, bail may be denied and the defendant will be kept in jail as a "pre-trial detainee." You may also be considered a "pre-trial detainee" if you are unable to post bail for your release.

The judge is responsible for setting your bail. In many jurisdictions, there is a pre-set schedule listing the bail amounts for particular crimes. In other situations, bail may be determined on a case-by-case basis. The Eighth Amendment to the U.S. Constitution requires that bail not be excessive.
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