An arrest in California is overwhelming for the person taken into custody and for their family. In those first hours and days, what you do (and what you don't do) can determine the entire direction of your case. The critical window between arrest and arraignment is when the strongest defense work happens. That is why acting quickly matters more than anything else.
At My Rights Law, we respond immediately after an arrest. Our attorneys can visit you or your loved one in custody through immediate confidential jail visits, begin building a defense strategy, and intervene with the District Attorney before charges are even filed. This pre-filing window is often where cases are won.
If you or someone you care about has been arrested, call us now at (888) 702-8845 for a free, confidential consultation. We are available 24/7.
California law requires that a person arrested without a warrant be brought before a judge within 48 hours of arrest, excluding Sundays and holidays, under California Penal Code Section 825. The U.S. Supreme Court affirmed in County of Riverside v. McLaughlin (1991) that a 48-hour period is presumptively reasonable for a probable cause determination after a warrantless arrest. This means the clock starts running the moment the arrest happens. During this window:
This is the pre-filing intervention period, and it is the single most important window in any criminal case. Once charges are formally filed at arraignment, you are reacting instead of controlling the outcome. The Fourteenth Amendment guarantees due process of law, and an attorney working during this window ensures that your due process rights are protected from the very beginning. A private criminal defense attorney can be working for you during this entire window. A public defender, by contrast, is not assigned until arraignment.
If you are the person arrested, remember two things: you have the right to remain silent under the Fifth Amendment and the right to an attorney under the Sixth Amendment. Do not answer questions about the alleged crime without a lawyer present. Under Miranda v. Arizona (1966), police must advise you of these rights before any custodial interrogation. Be polite and cooperative with officers, but clearly state that you are invoking your right to remain silent and that you want to speak with an attorney. Under Doyle v. Ohio (1976), the prosecution cannot use your post-Miranda silence against you at trial. However, anything you do say, even casual conversation, can and will be used against you.
For more on how these rights work, see our page on Your Rights During and After an Arrest.
This is the most important step you can take. Call My Rights Law at (888) 702-8845 as soon as possible. Under Penal Code Section 851.5, the arrested person has the right to make at least three completed phone calls within three hours of booking, including a call to an attorney. An experienced attorney can:
The sooner an attorney is involved, the more options are available. Early intervention has resulted in charges being rejected before they were ever filed in many of our cases.
After an arrest, the person is transported to a local police station for booking and then transferred to a county jail or detention center. In Southern California, common facilities include:
You can locate an inmate using the county sheriff's inmate locator system online or by calling the facility directly. For more guidance, see our page on How to Find Someone in Jail in California.
Bail is the amount of money required for an arrested person to be released from custody while their case is pending. In California, bail amounts are set by each county's bail schedule based on the charges, as required by California Penal Code Section 1269b. There are several ways to post bail:
The Eighth Amendment to the U.S. Constitution prohibits excessive bail. Some offenses, particularly serious felonies, may not be eligible for bail under Article I, Section 12 of the California Constitution. A criminal defense attorney can argue for reduced bail or OR release at the bail hearing.
For a detailed guide, see How Bail Works in California and How to Get Someone Out of Jail.
The arraignment is the first formal court appearance after an arrest. This is where:
If you have an attorney before arraignment, under Penal Code Section 977, they can enter a not guilty plea on your behalf for misdemeanor cases without you being physically present in court, argue for favorable bail terms, and begin challenging the prosecution's case from day one. If you do not have an attorney, the court will appoint a public defender at this stage, but by then, the pre-filing intervention window has already passed.
Learn more about what to expect on our page about Understanding Arraignment in California.
Talking to police without an attorney present. Anything you say can and will be used against you. Even seemingly harmless statements can be twisted by prosecutors. Invoke your Fifth Amendment right to remain silent and ask for your lawyer. Under Edwards v. Arizona (1981), once you request an attorney, police must stop all questioning until your attorney is present.
Waiting to hire an attorney. The pre-filing period is the most valuable window in your case. Every hour that passes without legal representation is an hour the prosecution is building their case while no one is building yours.
Posting on social media. Do not post anything about your arrest, your case, or your whereabouts on any social media platform. Prosecutors and investigators routinely monitor social media and can use your posts as evidence.
Missing court dates. Failing to appear at your arraignment or any subsequent hearing is a separate criminal offense under Penal Code Section 1320 (misdemeanor FTA) or Section 1320.5 (felony FTA) and will result in a bench warrant for your arrest and can lead to additional charges. If you are released on bail, show up to every court date without exception.
Discussing your case with anyone other than your attorney. Conversations with friends, family, or cellmates are not protected by attorney-client privilege. Only communications with your attorney are confidential and protected by attorney-client privilege under California Evidence Code Sections 950 through 962.
At My Rights Law, we do not wait for arraignment to start defending you. Our approach to post-arrest defense includes:
Immediate jail visits. Under California Penal Code Section 825, you have the right to see an attorney before your arraignment. Our lawyers will visit you or your loved one in custody to provide counsel, assess the case, and begin building a strategy. Learn more about our immediate confidential jail visits.
Pre-filing intervention with the District Attorney. We contact the DA's office immediately to present evidence, challenge probable cause, and argue for charge rejection or reduction before formal charges are filed. This is where our early involvement creates the biggest advantage.
Aggressive bail advocacy. We fight for the lowest possible bail or OR release so you can return home to your family and participate fully in your defense.
Thorough investigation from day one. We subpoena body camera footage, file Pitchess motions for officer credibility records, interview witnesses, and challenge the evidence before the prosecution has time to lock in their case.
Strategic defense through every stage. From arraignment through trial, or ideally through pre-trial dismissal, we build a defense designed to protect your rights, your freedom, and your future.
We created our After Arrest Services to guide you through every step of the process following an arrest in California:
An arrest does not mean a conviction. The sooner you act, the more options your attorney has to fight for the best possible outcome. At My Rights Law, we answer the phone 24 hours a day, 7 days a week, because we know that arrests do not happen on a schedule.
Call us now at (888) 702-8845 or fill out our secure contact form for a free, confidential consultation. We offer flat fee pricing and will begin working on your case immediately.
This page was written by the My Rights Law Editorial Team and reviewed for legal accuracy by Bobby Shamuilian.
Attorney Shamuilian is the founder and managing partner of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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