Getting arrested is a terrifying experience—whether it’s your first time or not. In the moments after you’re handcuffed, you might be confused, scared, and uncertain about what comes next. The criminal justice system can be complex, but understanding the process is the first step toward protecting your rights and your future.
At Carolyn L. Oliver | Criminal Defense Law Firm, we help individuals in San Diego navigate every stage of the criminal process, starting from the moment of arrest. Here’s what you need to know.
1. The Arrest: What Happens First
When you’re arrested in San Diego, the police may detain you on the spot, place you in handcuffs, and read you your Miranda rights, which include:
-
The right to remain silent
-
The right to an attorney
-
That anything you say can and will be used against you in court
It’s crucial to stay calm, remain silent, and ask for an attorney immediately. Do not try to talk your way out of the situation or explain yourself—it can make things worse.
2. Booking and Processing
After an arrest, you’ll likely be taken to a local jail (such as San Diego Central Jail or Las Colinas Detention Facility). You’ll go through booking, which includes:
-
Fingerprinting
-
Photographing (mugshot)
-
Collection of personal information
-
Search and confiscation of belongings
You’ll then be held in custody until your bail hearing, release, or court appearance.
3. Bail: Can You Get Out of Jail?
In most cases, you’re entitled to bail—a financial deposit that allows you to be released from custody while your case is pending. Bail amounts are based on the San Diego County bail schedule, your criminal history, and the severity of the alleged crime.
Options for release include:
-
Posting bail directly
-
Using a bail bond company
-
Being released on your own recognizance (O.R.), depending on the circumstances
An experienced defense attorney can advocate for lower bail or an O.R. release during your first court appearance.
4. Arraignment: Your First Court Appearance
Within 48 business hours (not including weekends or holidays), you’ll appear before a judge for an arraignment. Here’s what happens:
-
You’re informed of the charges
-
You enter a plea: guilty, not guilty, or no contest
-
Bail is reviewed (if not already addressed)
-
The judge sets future court dates
This is where having a skilled attorney makes a big difference—they’ll begin negotiating with the prosecutor and developing a defense strategy from day one.
5. Pre-Trial and Case Strategy
If you plead not guilty, your case enters the pre-trial phase, which includes:
-
Discovery (review of evidence)
-
Filing motions (e.g., to suppress evidence)
-
Investigating the facts of your case
-
Possible plea negotiations
Your lawyer will work to weaken the prosecution’s case, build a strong defense, and in some cases, get charges dismissed or reduced before trial.
6. Trial: If Your Case Goes to Court
If a plea deal isn’t reached, your case may go to trial. In a criminal trial, both sides present evidence and witnesses before a judge or jury. The outcome could be:
-
Acquittal (not guilty)
-
Conviction (guilty)
-
Mistrial (no verdict)
Trials require extensive preparation, legal knowledge, and courtroom experience. Carolyn L. Oliver is a seasoned trial attorney who vigorously defends her clients in front of judges and juries throughout San Diego.
7. Sentencing and Aftermath
If you’re convicted or accept a plea deal, the next step is sentencing, where the judge determines the consequences. This could include:
-
Fines and fees
-
Jail or prison time
-
Probation or parole
-
Community service
-
Mandatory treatment or counseling
A defense lawyer’s job doesn’t end here—they can also argue for reduced sentencing, alternative programs, or expungement of your record later on.
8. Why Legal Representation Matters Immediately
The decisions you make right after your arrest can greatly affect the outcome of your case. An experienced criminal defense attorney can:
-
Protect your rights from the start
-
Help secure release from custody
-
Prevent damaging self-incrimination
-
Begin investigating and challenging the charges
Arrested in San Diego? Call Now for Help
If you or a loved one has been arrested in San Diego, don’t face the justice system alone. Carolyn L. Oliver | Criminal Defense Law Firm is here to protect your rights, challenge the prosecution’s case, and fight for the best possible outcome.
📞 Call (858) 663-6884 today for a confidential consultation.
