What Should You Do After Being Arrested in California?
An arrest can turn your life upside down in a matter of minutes. You may be frightened, angry, or desperate to explain what happened. However, the decisions you make immediately after an arrest can either protect your defense or seriously damage it.
An arrest does not mean you are guilty. An arrest means law enforcement has taken a person into custody based on probable cause to believe that the person committed a crime. It is not proof of guilt, and it does not mean the person will necessarily be charged or convicted.”
Stop Talking—You Cannot Talk Your Way Out of an Arrest
After an arrest, police officers may continue asking questions at the station, inside the jail, or while transporting you. They may act friendly, claim they only need to “clear up a few things,” or suggest that cooperating will allow you to go home. Do not believe that you can simply talk your way out of the case.
Say clearly: “I am exercising my right to remain silent. I want an attorney.”Then stop talking. Do not explain where you were, what happened, who was involved, or why the alleged victim is lying. Keep quiet until you speak to a lawyer.
You may have information that points to another suspect or helps law enforcement. That information may be important, but do not give it away without legal advice. An experienced criminal defense attorney may be able to present that information strategically, negotiate with prosecutors, or use your cooperation to pursue a better outcome for your case. Once you give information away, you cannot take it back.
Your First Phone Call
Many people assume that their first call after being arrested and taken to jail should be to an attorney, friend, or family member. However, contacting a bail bond company may be the quickest way to begin the release process. A trusted friend or relative can also contact a bail bond company on your behalf. If you speak with an experienced criminal defense attorney and are willing to be patient, the attorney may be able to seek your release on your own recognizance, commonly called an “OR release.” Depending on the circumstances, this could allow you to be released without posting bail and potentially save you a substantial amount of money. However, an OR release is not guaranteed and may require waiting for a court hearing. Otherwise, you should expect the bail and release process to take approximately eight to ten hours.
Be Careful About Jail Calls and Communications
After being taken into custody, it is natural to contact family members or friends. However, you should be extremely careful about what you say. Jail telephone calls are commonly recorded, electronic messages may be monitored, and your statements could be obtained by prosecutors and used against you in court.
Do not discuss the alleged incident, possible defenses, witnesses, evidence, or anything you told the police. You should also avoid discussing your case with other people in custody because they could report your statements to law enforcement or testify against you later. Never ask anyone to contact an alleged victim, influence a witness, conceal evidence, or delete messages. Even a seemingly harmless comment can be taken out of context and damage your defense.
Assume that every jail call and electronic message is being monitored. Keep your communications brief and limited to practical matters, such as arranging bail, notifying loved ones, or contacting an attorney. Attorney-client communications are generally privileged, but you should confirm that you are using an approved confidential method before discussing the facts of your case.
Think Before Posting Bail—You May Qualify for an OR Release
After an arrest, family members often rush to contact a bail bond company. However, posting bail immediately may not always be the best financial decision. Before paying a nonrefundable bond premium, speak with an experienced Los Angeles criminal defense attorney who can evaluate whether you may qualify for release on your own recognizance, commonly called an “OR release,” or for a reduction in bail.
An OR release allows you to leave custody without posting bail based on your promise to return to court and comply with any conditions imposed by the judge. At the first court appearance, your attorney may emphasize factors such as your criminal history, employment, family responsibilities, community ties, and record of appearing in court. OR release is never guaranteed, and waiting means remaining in custody until the court addresses the issue. Nevertheless, if you are willing and able to wait, consulting an attorney before posting bail could save you or your family thousands of dollars.
Do Not Contact The Victim—Directly or Through Anyone Else
After an arrest, do not call, text, email, message, visit, or otherwise contact the alleged victim. You should also never ask a friend, relative, or anyone else to make contact on your behalf. Even if your intentions are harmless—such as apologizing, explaining what happened, or attempting to resolve a misunderstanding—your words could be presented as an admission, a threat, or an effort to influence a witness. Contact could also violate a protective or stay-away order and expose you to additional criminal charges.
If the alleged victim contacts you first, do not assume that you are permitted to respond. Save the communication, do not delete or alter it, and immediately notify your attorney. Any necessary communication should be handled through your lawyer and only in a manner permitted by the court.
Stay Off Social Media—Your Posts Can Become Evidence
After an arrest, do not post anything about your case on social media. Avoid discussing the incident, the alleged victim, witnesses, police officers, possible defenses, or upcoming court proceedings. Prosecutors and investigators may review your posts, photographs, videos, comments, direct messages, location information, and online activity for evidence that can be used against you. Even a joke, angry comment, or innocent explanation can be taken out of context and presented as proof of guilt, motive, intent, or lack of remorse.
Changing your privacy settings does not make your activity truly private. Friends can share your posts, screenshots can be preserved, and certain records may be obtained through legal process. Do not ask anyone else to post about the case on your behalf, contact an alleged victim or witness, or delete potentially relevant content. Speak with your criminal defense attorney before posting anything related to your arrest or removing existing material
Do Not Consent To Any Searches
An arrest does not automatically give police unlimited authority to search your vehicle, home, cellphone, or other property. Although officers may conduct certain searches without your permission—such as a lawful search of your person following an arrest—other searches may require a warrant or a recognized exception to the warrant requirement. If an officer asks for permission, calmly state: “I do not consent to any search.” Do not explain your decision or argue about the law.
Refusing consent does not give you the right to physically interfere with a search. Remain calm, keep your hands visible, and follow lawful instructions. If officers proceed despite your objection, do not resist. Your attorney can later examine whether the search was lawful and, when appropriate, ask the court to suppress illegally obtained evidence. You should also avoid voluntarily unlocking your cellphone or providing access to its contents before speaking with a criminal defense attorney.
The Right Criminal Defense Attorney Can Make All the Difference
Los Angeles has many experienced criminal defense attorneys who can help if you have been arrested or charged with a crime. However, you should not automatically hire the first attorney you call. Do your research and ask important questions. What kind of courtroom and trial experience does the attorney have? Has the attorney handled cases like yours? Is the attorney familiar with the courthouse and prosecutor’s office handling your case? If you are in custody, consider asking a trusted family member to meet with the attorney before you make a decision.
Do not choose an attorney based solely on price. As the old saying goes, “You get what you pay for.” Hiring a skilled attorney is an investment in the quality of your representation—and potentially your freedom, reputation, and future.
Hiring an attorney early can help slow the momentum of the criminal justice system and make the process less overwhelming. Your attorney can review the evidence, explain what to expect, keep you informed about court appearances, protect your rights, and begin building your defense before valuable opportunities are lost.
Do not wait until evidence disappears or the prosecution’s case gains momentum. If you or someone you care about has been arrested in Los Angeles, call Stephen G. Rodriguez & Partners at (213) 481-6811 immediately. The sooner you obtain experienced legal representation, the sooner you can begin protecting your freedom, your record, and your future.