Being arrested in California is a serious matter that can profoundly impact your future. With the state’s complex criminal laws—ranging from strict drug crime regulations to harsh sentencing for certain crimes—it’s crucial to understand what to do if arrested and how to protect your rights.

From the moment of your arrest, every step you take can influence the outcome of your case. Acting quickly and correctly is essential. Whether facing misdemeanor charges or more severe felonies, knowing how to navigate the system is key to minimizing potential penalties. 

This guide will walk you through the steps to take immediately after an arrest and discuss the importance of having experienced legal counsel throughout the process.

Immediate Actions After an Arrest

If you find yourself arrested in California, your first priority should be protecting your rights. Here are steps to take immediately following an arrest.

Do Not Resist Arrest

Even if you feel the arrest is unjust, resisting arrest can lead to additional charges. Cooperate respectfully with officers, but don’t volunteer information.

Stay Calm and Exercise Your Right to Remain Silent

It’s important to stay calm and remember that anything you say to law enforcement can be used against you in court. The Fifth Amendment of the Constitution and California law guarantees your right to remain silent. 

It’s best not to say or do anything the officers could perceive as offensive or rude. Politely but firmly inform the officers that you wish to remain silent and request an attorney. Know ahead of time that officers will likely attempt to continue questioning you to see if they can get you to speak, despite the fact that you asked for a lawyer. If you answer questions, they might perceive that as an affirmation that you waived your rights to silence and representation. So, resist the urge to answer. 

Simply repeat, calmly and firmly, that you will exercise your right to remain silent and repeat your request to speak to your attorney. Remaining committed to exercising these rights can prevent you from unintentionally incriminating yourself.

Contact a Qualified Attorney

Seek legal representation immediately. An experienced Riverside criminal defense attorney will protect your rights, help you navigate the legal process, and offer critical guidance on your next steps. 

Booking Process

After the arrest, you will go through the booking process. This typically involves fingerprinting, photographing, and providing basic personal information. Booking personnel may ask you to sign documents, but consult your attorney before signing anything. 

Bail and Release

After booking, you will likely be eligible for bail. In California, bail can vary based on the nature of the crime, your criminal history, and whether you are considered a flight risk. Your attorney can help you determine if bail is appropriate and guide you through posting bail.

What Happens After Being Arrested?

Arraignment and Preparing for Court

If you do not immediately post bail, you will have an arraignment within 48 hours. If you bond out of jail, your arraignment will happen in the days or weeks following your arrest. This is the formal court proceeding where the charges against you are read, and you will enter a plea—guilty, not guilty, or no contest. 

It is still very early in the process, so your attorney has likely not received all of the discovery. Most people plead not guilty at this stage to allow their attorney to review and assess the case fully.

Work with Your Attorney on Potential Defenses

During your initial meetings with your lawyer, be prepared to discuss all the details of your case. It’s important to be honest so they can build the strongest defense strategy for you. Some common defense strategies may include asserting that critical evidence should be excluded due to police misconduct, challenging the sufficiency of the evidence, challenging eyewitness credibility, asserting self-defense, and many more. Your attorney is in the best position to determine which defense best suits your case.

Pretrial and Trial

Your lawyer will conduct discovery, file any supportable pretrial motions, negotiate with the prosecution for an advantageous plea agreement, and attempt to get a positive result short of trial. They will review the facts with you and meticulously go over your options. 

If you decide to take the case to trial, your attorney will be prepared to do that as well. They are trained in the rules of evidence and trial practice and can present your case in the most persuasive light possible.

Contact Gregory Comings Today for Experienced Legal Defense

If you have been arrested in California, working with a skilled and compassionate attorney who will advocate for your rights and provide you with the best defense possible is crucial. Gregory Comings has over 21 years of experience defending clients in criminal cases across California. With experience in both misdemeanor and felony cases, Gregory understands California’s complex criminal laws and can offer sound legal advice and representation. He can help you understand what happens after being arrested and will guide you through the legal process.

Don’t face the legal system alone. Contact Comings Law, APC today to learn how he can help you navigate your arrest and protect your future.