Criminal Defense · · By George L. Fernandez
An arrest is stressful and disorienting, and it is natural to want to explain yourself. But what you do and say in the first few hours can have a lasting effect on your case. Here is a practical guide to protecting your rights if you or someone you love is arrested in California.
1. Stay calm and do not resist
Even if you believe the arrest is unfair, do not argue, run or physically resist. Resisting can lead to additional charges and can put you in danger. You will have the opportunity to challenge the arrest later, in court, with a lawyer.
2. Use your right to remain silent
You have a constitutional right not to answer questions. Say clearly: “I am going to remain silent, and I want to speak to a lawyer.” Then stop talking about the case. Officers are allowed to keep the conversation going and may suggest that explaining will help — but statements made at this stage are often used as evidence.
- Do not discuss the case with cellmates or other people in custody.
- Assume jail phone calls and visits are recorded.
- Do not post about the arrest on social media.
3. Do not consent to searches
You can say, “I do not consent to a search.” Officers may still search in some situations, but your objection preserves the issue so your lawyer can challenge an unlawful search later.
4. Understand bail and release
After booking, you may be released on your own recognizance, released after posting bail, or held until your first court date. A defense lawyer can ask the court to lower bail or set reasonable release conditions.
5. Prepare for arraignment
The arraignment is typically your first court appearance. You will hear the charges, enter a plea and the judge will address custody status. It is the first real chance to protect your rights in court — and it is much better to have a lawyer beside you.
6. Call a criminal defense attorney
The sooner a lawyer gets involved, the more options you usually have — from preserving video evidence to addressing bail and talking to prosecutors before charges are filed. Learn more about our criminal defense practice, including DUI defense and domestic violence defense.
Facing this situation? Get a free consultation.
Every case is different. Contact our office to talk about yours, or learn more about our criminal defense services.
This article provides general information, not legal advice, and does not create an attorney-client relationship.