Getting arrested is a stressful and confusing experience, whether it’s your first time or not. In California, where criminal charges can carry significant consequences, it’s critical to understand what to do the moment you’re taken into custody. Whether you’re facing a misdemeanor or a felony, knowing your rights and how to respond can make all the difference in the outcome of your case. At Carolyn L. Oliver | Criminal Defense Law Firm, we’ve guided countless clients through this challenging process—and we’re here to help you or your loved one, too.
This step-by-step guide outlines exactly what to do if you’re arrested in California, what to expect at each stage, and how to protect your legal rights from day one.
1. Stay Calm and Comply with Law Enforcement
The moment you’re arrested, your behavior matters. Don’t resist arrest—even if you believe it’s unjustified. Resisting can lead to additional charges and make your case harder to defend later. Stay calm, don’t run, and follow all lawful instructions.
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Do not argue with the police.
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Do not make sudden movements that could be perceived as threatening.
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Keep your hands visible at all times.
Remaining calm and respectful doesn’t mean you’re giving up your rights. It means you’re helping your future defense.
2. Exercise Your Right to Remain Silent
Under the Fifth Amendment, you have the right to remain silent. Use it.
You are not required to answer questions beyond identifying yourself (such as your name and date of birth). Politely inform the officer that you are invoking your right to remain silent and that you want to speak to your attorney.
Do NOT:
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Try to talk your way out of the situation.
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Give explanations or alibis.
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Discuss the incident or your side of the story without a lawyer present.
Everything you say can and will be used against you in court.
3. Ask for an Attorney Immediately
Once you’re in custody, clearly state: “I want to speak to my attorney.”
This triggers your Sixth Amendment right to legal counsel. After this, police must stop questioning you. If they continue, their actions could be a violation of your rights—and your attorney can challenge any statements made during that time.
If you’re in San Diego County or surrounding areas, contact Carolyn L. Oliver at (858) 663-6884 immediately after your arrest. We’ll begin protecting your rights from the moment we get the call.
4. Understand the Booking Process
After your arrest, you’ll go through the booking process at a local jail or detention facility. This includes:
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Fingerprinting and photographing
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Checking for warrants
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Recording your personal information
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Inventory of your belongings
Depending on the charges, you may be eligible for release on bail or through a citation promise to appear in court. A skilled defense attorney can advocate for lower bail or argue for release on your own recognizance.
5. Make Your First Phone Call Count
In California, you have the right to make at least one phone call within a reasonable time after your arrest. Use this call wisely—either to:
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Contact your lawyer directly
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Call a family member or friend and have them contact a lawyer for you
You can call Carolyn L. Oliver | Criminal Defense Law Firm directly at (858) 663-6884, 24/7. We will act quickly to protect your rights and begin building your defense.
6. Prepare for the Arraignment
Your arraignment is the first court appearance after your arrest. This is when you’ll be informed of your charges, advised of your rights, and asked to enter a plea (guilty, not guilty, or no contest).
You should never enter a plea without first speaking to your defense attorney.
Carolyn L. Oliver will:
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Review the charges
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Advise you on your plea options
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Request bail reductions if appropriate
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Begin negotiating with the prosecutor when necessary
7. Don’t Talk About Your Case with Anyone Else
While it might be tempting to talk to friends or family about what happened, avoid it.
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Your calls and visits may be recorded in jail.
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Your statements to others (even loved ones) can be subpoenaed and used against you.
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Only discuss your case with your attorney—that communication is protected under attorney-client privilege.
8. Start Building Your Defense Immediately
Even before your first court date, there is work to be done. Your attorney will:
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Investigate the circumstances of your arrest
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Gather evidence and identify potential constitutional violations
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Interview witnesses
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Work with experts (if needed)
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Develop a strategic defense tailored to your case
The sooner you contact an attorney like Carolyn L. Oliver, the better your chances of reducing or dismissing charges entirely.
9. Know the Consequences of a Conviction
Even minor charges can lead to:
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Jail or prison time
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Fines and court costs
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Probation or parole
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Loss of professional licenses
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Immigration consequences (for non-citizens)
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A permanent criminal record
With the right legal guidance, many of these outcomes can be avoided or mitigated. Our firm focuses on fighting for the best outcome possible—whether through negotiations, diversion programs, or trial defense.
Final Thoughts
Being arrested in California is a serious matter, but you are not alone. The steps you take immediately after your arrest can significantly impact your future. Your first and most important step? Call an experienced criminal defense attorney.
At Carolyn L. Oliver | Criminal Defense Law Firm, we’re here to defend your rights, your freedom, and your future. Available 24/7 at (858) 663-6884, we’re ready to take swift action the moment you need us.
