If O.R. or Supervised O.R. is denied, bail will be set in the case by the Judge or Commissioner. If bail is not posted, the defendant will remain in-custody until s/he is taken to court for their arraignment within 72 business hours [excluding weekends and holidays].
If a formal complaint is not filed by the District Attorney’s office, then the defendant will be released from custody, assuming that s/he is not being held on any other cases/holds. If a complaint is filed, the defendant will be taken to court for arraignment. At arraignment, the defendant will be advised of the charge(s) and whether they are felony or misdemeanor. By that time, Pretrial Officers will have re-evaluated the case for a possible release on O.R. or Supervised O.R. at the time of arraignment. If a release is not granted, the Judge will set bail on your case. The final decision on release or bail amount is up to the Judge hearing your case.
Typically there are public defenders (court-appointed attorneys) in the courtroom to assist the defendant through Arraignment. If the defendant would like a court-appointed attorney to represent him/her, they may ask the judge for one. The judge will then appoint the Public Defender’s Office to represent the defendant in their case. Or, if the defendant wishes to retain a private attorney to represent her/him, s/he can request a brief continuance in order to retain the attorney. In either case, the defendant will be given another court date for Identification of Counsel and entry of Plea. In most felony cases, the defendant will not be expected to resolve the case at Arraignment. The judge will usually want the defendant to consult with an attorney before accepting a plea.
In misdemeanor cases, the defendant may have the opportunity to resolve the case that day. If the defendant’s case does not resolve that day, the defendant may request a court-appointed attorney. The judge will then appoint the Public Defender’s Office to represent the defendant. Alternatively, the defendant may request a brief continuance in order to retain a private attorney to represent her/him. Either way, the defendant will be given another court date for Identification of Counsel and Pretrial Conference.