What to Do Immediately After an Arrest in California

Being arrested is frightening, and what you do in the first few hours can shape the entire course of your case. The single most important thing to remember is that you have constitutional rights — and using them is not an admission of guilt.

Invoke your right to remain silent. Under the Fifth Amendment, you are not required to answer questions beyond providing basic identifying information. Politely state that you wish to remain silent and that you want a lawyer. Then stop talking. Casual conversation with officers, cellmates, or over jail phones can be used against you.

Ask for a lawyer clearly. Say the words: “I want to speak to an attorney.” Once you do, questioning must stop until your lawyer is present. If you cannot afford one, a public defender can be appointed.

Do not consent to searches. You can decline to consent to a search of your person, vehicle, or home. If officers proceed anyway, do not physically resist — your attorney can later challenge whether the search was lawful.

Remember the details. As soon as you can, write down everything you remember: times, locations, officer names and badge numbers, what was said, and the names of any witnesses. These details can become important to your defense.

Contact a criminal defense attorney quickly. Early representation lets your lawyer intervene before charges are filed, preserve evidence, and advise you before any further questioning. Use this directory to find experienced criminal defense attorneys in your California city and reach out as soon as possible.

Nothing in this article is legal advice. Every case is different — consult a licensed California attorney about your specific situation.