United States
Distinction between arrest and detention
In the United States, there exists a distinction between an investigatory stop or detention, and an arrest. The distinction tends to be whether or not the stop is "brief and cursory" in nature, and whether or not a reasonable individual would feel free to leave.
Minor crimes and infractions
When there exists probable cause to believe that a person has committed a minor crime, such as petty theft, driving on a suspended license, or disturbing the peace, law enforcement agents typically issue the individual a citation but do not otherwise detain them. The person must then appear in court on the date provided on the citation. Prior to the court date, the prosecution will decide whether to file formal criminal charges against the individual. When the accused appears in court, they will be advised if formal criminal charges have been filed. If charges are filed, they will be asked to plead guilty or not guilty at the initial court hearing, which is referred to as the arraignment.
Arrests for serious crimes
When a person is arrested for a serious crime, the defendant will have their picture taken and be held in pre-trial prison. Under certain circumstances (that is where the public won't be endangered by one's release from custody), the defendant may be entitled to release on bail. If the accused cannot post a monetary bail, they will appear at their arraignment where the judge will determine if the bail set by the schedule should be lowered.
Also, in certain states, the prosecution has 48 hours to decide whether or not to file formal charges against the accused. For example, in California, if no formal charges are filed within the 48-hour period, the accused must be released from the arresting host's custody. If formal charges are filed, the accused will be asked to appear at their arraignment. At the arraignment, the accused will be asked to plead guilty or not guilty, and the judge will set a bail amount (or refuse to set bail) for the accused.
Arrest. (2021, January 18). In Wikipedia. https://en.wikipedia.org/wiki/Arrest
Arrest Procedures
When an officer arrests someone, the accused is taken into custody. Similarly, when a grand jury returns an indictment or a prosecutor files an information, a judge or magistrate issues a warrant for the arrest of the person charged if not already under arrest, and the person is taken into custody. (Sometimes, for less serious offenses, defendants are issued citations to appear rather than being arrested.)
They are also told that they can exercise these rights at any time. In some states, there may be variation in this statement for juveniles. For example, juveniles might be warned that if the juvenile court waives jurisdiction over them, then the statements they make can be used against them in a court proceeding in which they will be tried as an adult.
These are often referred to as the Miranda rights because the U.S. Supreme Court ruled in 1966 in Miranda v. Arizona that when law enforcement officers question people taken into custody, the evidence garnered from their interview cannot be used against them unless they have been informed of their constitutional rights to counsel and to remain silent.
If a person has been arrested without a warrant, law enforcement officials may hold him or her for a period of time necessary to handle certain administrative tasks (fingerprinting, checking to see if the person is the subject of any outstanding warrants, etc.) This time may vary depending on the facts of the particular case, but it’s generally quite brief, usually no more than 48 hours. They may not hold the person beyond that time without an initial or first appearance or arraignment before a judge or magistrate (a public official vested with certain judicial powers in the federal system and the systems of some states).
American Bar Association. (2019, September 9). How courts work. https://tinyurl.com/yyszv778