At the scene
- Do not resist, tense up, or pull away, even if the arrest is unlawful. That argument gets won in court, not on the pavement.
- Do not run. Flight is chargeable and it colors everything afterward.
- Say: 'I am going to remain silent. I want a lawyer.' Then stop.
- Do not consent to any search. Saying 'I do not consent' does not stop a lawful search, but it preserves the issue.
- Do not offer explanations. There is no version of the story that talks you out of handcuffs once they are out.
During booking
Booking is administrative: identification, photographs, fingerprints, medical screening, property inventory. Answer the identifying questions accurately — name, date of birth, address, medical needs. Refusing those only slows your own release. Anything about the incident is interrogation, and your answer is still the same.
- Declare medical conditions and prescriptions. This matters more than people expect.
- Count your property with the deputy and keep the receipt.
- Read anything before you sign it. If you do not understand it, do not sign it.
Your phone calls
California law entitles an arrestee to at least three completed telephone calls, free if local, as soon as practicable and within three hours of arrest. Spend them deliberately: an attorney, the person who will arrange bail, and one person who can handle the practical fallout — work, kids, pets, medication.
The next 48 hours
- A bail amount appears off the county schedule, and bail can be posted before arraignment.
- If no bail is posted, you must be arraigned without unnecessary delay — in California, generally within 48 hours of arrest, excluding weekends and holidays.
- At arraignment the judge sets bail individually or releases on own recognizance, considering ability to pay.
- Once released, appear at every date. See do's and don'ts while out on bail.
If someone on the outside is reading this on your behalf, send them to what to do if someone you know has been arrested.