Say Nothing: The single most important thing after any California arrest is to say only your name and immediately request an attorney. Every word you say to police can be used against you — even if it seems harmless or exculpatory.
Step-by-Step Guide
Immediately and clearly state: 'I am invoking my right to remain silent and my right to an attorney.' Then say nothing else about the alleged offense. Do not try to explain, justify, or minimize what happened. Police are trained interrogators — even seemingly innocent statements are used to build cases against defendants.
Tip: Courts require you to affirmatively invoke your rights. Silence alone after Miranda is not always sufficient. Say the words clearly and immediately.
You have the right to refuse consent to search your person, vehicle, or home under the 4th Amendment. Say clearly: 'I do not consent to any searches.' Police may search anyway if they have a warrant or probable cause — but non-consent preserves your suppression rights. Consensual searches waive your ability to later challenge the search in court.
Tip: If police ask 'Can we look in your car?' or 'Mind if we come inside?' — the answer is always 'No, I do not consent to any searches.'
Even if you believe the arrest is unlawful, do not physically resist. California Penal Code §148 makes resisting arrest a separate misdemeanor. Comply physically while verbally invoking your rights. The appropriate place to contest an unlawful arrest is in court — through a PC §1538.5 motion to suppress evidence or a writ of habeas corpus.
Tip: You can firmly but calmly say 'I do not consent and I am invoking my rights' while physically complying with the arrest. These are not contradictory.
After booking, California Penal Code §851.5 gives you the right to make at least three completed phone calls within 3 hours of booking. Call: (1) a criminal defense attorney, (2) a bail bondsman, or (3) a trusted family member who can arrange an attorney or bail. Use these calls wisely — they may be monitored.
Tip: Do not discuss the facts of your case on a recorded jail phone. Simply say you need help and provide your location. Discuss the case only in person with your attorney in a confidential setting.
Your arraignment is your first court appearance. In custody, this must occur within 48 hours of arrest (excluding weekends/holidays). At arraignment: charges are formally read, you enter a plea (always 'not guilty' at this stage), bail is set or modified, and future court dates are scheduled. Always enter a 'not guilty' plea at arraignment — you can always change it later.
Tip: Never plead guilty at arraignment. You need time to review evidence, consult with an attorney, and explore your options. An initial not-guilty plea preserves all your rights.
The earlier you retain an attorney, the better. A pre-arraignment attorney can: contact the prosecutor before charges are filed to negotiate, appear at arraignment to argue for no bail or reduced bail, immediately begin gathering evidence while it's fresh, and identify suppression issues (unlawful stop, illegal search) that must be raised promptly.
Tip: If you cannot afford an attorney, the Public Defender will be appointed at arraignment. Request one and meet with them before your next court date.
In the immediate aftermath of an arrest, contact with alleged victims, witnesses, or co-defendants — even to apologize or explain — can constitute new crimes (witness intimidation, tampering, harassment, violation of protective orders). Let your attorney handle all third-party contacts.
Tip: A no-contact order may be issued at arraignment. Violating it results in additional criminal charges regardless of your intent.
Write down your complete account of events — who was present, what was said, what happened, and in what order. Note anything that might support your defense: alibi information, witnesses who can corroborate your account, video surveillance locations, or potential bias in police conduct. Give this only to your attorney.
Tip: Your recollection is freshest immediately after arrest. Write it down for your attorney — not for police or in any communication that could be monitored.
Frequently Asked Questions
What is the difference between being detained and being arrested in California?
Detention is a temporary stop based on reasonable suspicion — you're not free to leave but haven't been formally arrested. Arrest requires probable cause and results in being taken into custody, booked, and charged. During detention, you should ask: 'Am I being detained or am I free to go?' If detained, invoke your rights. If not detained, calmly walk away. Once arrested (in custody), full Miranda protections apply and you must clearly invoke your right to silence and counsel.
What happens if police don't read me my Miranda rights in California?
If police conduct a custodial interrogation without Miranda warnings and you make statements, those statements may be suppressible under Miranda v. Arizona. However, the arrest itself is still valid — Miranda affects the admissibility of statements, not the legality of the arrest. Physical evidence found after a non-Miranda interrogation is also usually still admissible under the 'public safety' and 'inevitable discovery' exceptions. Your attorney will file a motion to suppress any Miranda-violating statements.
How does bail work in San Diego after an arrest?
Bail is typically set according to the San Diego County Bail Schedule at booking. A judge can modify bail at arraignment. Options include: OR release (no bail, promise to appear), bail paid in cash (refunded if you appear), bail bond through a bondsman (you pay 10% non-refundable), or property bond. A criminal defense attorney can argue for reduced bail or OR release at arraignment based on ties to community, lack of prior record, and the nature of the charges. Bail jumping (FTA) results in a separate charge and arrest warrant.
Can I expunge a California criminal arrest or conviction?
Arrests not resulting in conviction can be sealed under Penal Code §851.91 (automatic sealing for arrests after Jan 2021 under AB 1076, or by petition for older arrests). Convictions can be expunged under PC §1203.4 after completing probation — this dismisses the case and allows you to answer 'no' on most job applications. However, expungement does not seal from all purposes: it remains visible to government employers, licensing boards, and immigration. Serious felonies and sex offenses requiring registration are not eligible.
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