Being arrested can be stressful and leave you unsure of what follows. Fear and confusion can set in, making it hard to know what to do next. Knowing your rights after arrest can help you take charge and move in the right direction to protect yourself.
What you do immediately after being arrested could change the outcome of your case. You should remain calm and focus on navigating the legal process. Each stage of the process, including booking, first appearances, and release options, requires understanding your rights after arrest to make informed decisions. This guide provides key information to help you know your rights.
What Happens After You Are Arrested?
Officers will take you to a police station for booking after your arrest. You could also be taken to the county jail, like a sheriff’s facility, where officers record your information, fingerprint you, and secure your belongings. Every step follows state law and local procedures to keep the records accurate and accessible.
Officers first check your name, date of birth, and address at the station. They use CLETS (California Law Enforcement Telecommunications System) to check whether you have a criminal history or active warrants against you. Officers will take your prints, and California uses Live Scan, a digital fingerprint system, to electronically submit your fingerprints to the Department of Justice. Afterward, the officers will take your mugshot and standard front and side pictures and electronically store them with your arrest. Afterward, officers will log your belongings, pack them in a bag, and provide a receipt for them. They will likely investigate you further if you have significant cash on you, particularly in a drug or theft case.
Cite-and-release is allowed by Penal Code 853.6 for misdemeanor arrests. If you qualify for citation and release, the officers will give you a ticket with a court date. However, officers can hold you if the crime involves violence or if they believe you are a flight risk. If officers arrest you for a felony, you stay in jail until a bail hearing, which must occur within 48 hours per Penal Code 825. This timeline does not include weekends and holidays. After booking, you have a right to three phone calls within three hours of your arrest (Penal Code 851.5).
Medical screenings are also required. The jail staff will identify any pre-existing conditions or substance abuse problems to avoid overdoses or medical emergencies while incarcerated. If you look like you have had a fight with someone or are injured, then they will delay your booking to allow you to be cleared medically. At this time, police officers will search you. Each detainee will undergo a search, and the officers will perform a strip search under specific circumstances. California law, specifically Penal Code 4030, has put strict guidelines on this search following past legal challenges.
Once you are booked, you will either be released, be bailed out, or be kept in a holding cell until your court date.
Critical Protections During and After Arrest
You are protected by the U.S. Constitution the exact moment law enforcement officers arrest you. Before they can ask you questions, the police must inform you of your rights after arrest, including your Miranda rights. These rights, established under the Fifth and Sixth Amendments, allow you to remain silent, prevent self-incrimination, and guarantee access to legal representation. If officers fail to read you the required Miranda warning, anything you say could be inadmissible in court, violating your rights after arrest.
To protect yourself, invoke your post-arrest legal rights, including the right to remain silent. You cannot just stay quiet. You must explicitly invoke your accused individual rights. Once you do, questioning must stop. In the same way, if you ask for a lawyer, interrogation should cease until an attorney is present. According to Penal Code 851.5, you have the right to make three phone calls within three hours of your booking to an attorney or your family. The court will assign a public defender if you cannot pay for a lawyer.
Your rights extend beyond the interrogation to your arrest and any searches thereafter. If the officer wants to arrest and search you, they must have probable cause, respecting your post-arrest legal rights. If there is a warrant, it must be one issued by a judge, with your name and allegations specified, and be executed legally. Unless exigent circumstances exist, officers also must announce their presence before entry. If they fail to follow the proper procedures, the courts could suppress the evidence officers obtain or dismiss the charges.
When police arrest you, they could search you and your immediate surroundings. However, the police are not typically allowed to search your home or personal property without a warrant or consent. If officers overstep their limits, you can litigate the search in court. Moreover, you are protected from excessive force. Police officers can use reasonable force to restrain you, but excessive force would violate your accused individual rights. However, any unreasonable application of force to accomplish this, like hitting you when you are not resisting, is a violation of your rights. The courts evaluate the amount of force used by a police officer in violation of your accused individual rights. If the force is unlawful, it can have legal consequences for the officer. Furthermore, the charges against you could be dismissed.
If you agree to a search, you waive your post-arrest legal rights, which may harm your defense. Anything you say after the Miranda warning could be used against you in court, impacting your accused individual rights. Your consent to a search forfeits your Fourth Amendment rights. To safeguard yourself, use explicit language. Avoid signing documents without speaking to a lawyer and remain calm, even if pressured. Law enforcement tactics do not override your post-arrest legal rights, which protect you under the Constitution, and asserting them as firmly as possible will give you the best defense possible.
Your Right to Bail
Bail offers an opportunity to be released after an arrest. However, it is not automatically guaranteed. Judges consider a variety of factors to determine eligibility and amount. If granted, bail will allow you to remain out of custody and wait for your trial if you follow the court-issued conditions.
After you are arrested, you will go through the booking process and the first court hearing. The charges are read in this hearing, and you enter a plea. Bail helps to ensure that you will return for your court appearances. If you cannot raise the amount set, you have options like bail bonds or release on your own recognizance (ROR), depending on the judge’s ruling at your bail hearing. A bail hearing usually happens within 48 hours after you are arrested. That is when the judge decides whether you are qualified for bail and also how much bail will be. You can pay the complete bail amount up front and recover the amount upon showing up for all the necessary court dates, minus potential administrative fees.
A bail bond becomes an option if you cannot pay bail outright. A bail bondsman will post a surety bond on your behalf for a nonrefundable fee, typically 10 to 15% of the total bail. Moreover, you might have to offer collateral, like your car or house. If you miss a court date, the bail bondsman becomes responsible for the whole amount. He/she can hire bounty hunters and seize your collateral, ultimately costing you more than if you had just shown up.
If the state charges you with a less serious offense, you have strong links to the community, or you have no prior criminal history, the judge could release you on your own recognizance (ROR). This means you can be released from custody based only on your promise to appear in court. This option eliminates the need for bail or bonds.
A judge sets bail based on the severity of the crime committed, flight risk, and the accused’s criminal history. If the alleged crime is violent, for example, assault, violence, or murder, the bail may be high or denied altogether. Your bail may be raised or refused if the court believes you will flee. If you are a repeat offender or have a history of failing to appear in court, your bail could be higher, or you will be denied release. At the bail hearing, the prosecutor could call for your detention if they believe you pose a danger, while your attorney could call for lower bail or ROR.
If you cannot afford the amount set, you can request the judge to decrease bail, which might not be granted. If your bail is denied, you could remain in jail until your trial, which could take weeks or months.
You must comply with all court-mandated conditions once you are released through cash bail, bond, or ROR. You may also have to follow restrictions on travel and contact with alleged victims or co-defendants. If you fail to show up, judges could put out a warrant for your arrest. Moreover, you could lose your bail money. Additional offenses can result in bail revocation. Movement restrictions limit who you can contact and where you can visit. If you break these rules, you could be arrested again and lose any bail or collateral you paid. Following the court orders strictly can save your freedom and help you.
Critical Mistakes to Avoid After an Arrest
Avoiding significant mistakes after an arrest can safeguard your rights and enhance your likelihood of effectively contesting any unlawful actions taken by the police. Some of the mistakes you should avoid are:
Resisting Arrest
When you resist arrest, even if the arrest seems unjust, you invite more trouble. Resisting physically or verbally could lead to added charges, making it harder to challenge the arrest. Just because you comply does not mean you are admitting fault. It just helps you preserve your ability to defend yourself in court.
Talking to Police Without a Lawyer
Talking to police officers when you are arrested without a lawyer is one of the worst mistakes. Police officers are not after your side of the story. They are recording statements that can hurt your case. Even a simple, innocent explanation can be used by the prosecution. It is better to stay silent until a lawyer is available so you do not unknowingly compromise your case.
Discussing Your Case With Others
Your silence should extend beyond law enforcement. Talking about your case with your loved ones and prison mates is just as damaging. Anything you say can be misinterpreted. Therefore, the police can relay the information to the prosecutors or use it against you in court. Avoid discussing your case with friends, family, or fellow inmates. These statements may be twisted, reported to prosecutors, or used against you.
Posting on Social Media
Similarly, another risk is to post about your arrest on social media. It only takes one minor complaint or vague comment to mischaracterize and become damaging evidence against you. Avoiding social media altogether strengthens your position.
Missing Court Dates
Missing court dates is another costly mistake. A bench warrant will be issued against you, and your bail will increase while your credibility is lost. Making every appearance demonstrates your responsibility and helps maintain a good defense strategy.
Contacting Witnesses or Alleged Victims
You may attempt to contact alleged witnesses or victims to get them to tell their side of the story. However, this could be perceived as witness tampering. Even a casual conversation could result in extra charges. Instead of paying attention to the police errors, it could be shifted to you. Let your attorney handle all calls to avoid any risks.
Destroying Evidence
Do not destroy the evidence, whether physical or digital. If evidence disappears, courts will assume the worst. If it looks as though you tampered with evidence, you could face obstruction charges. Those charges can be worse than whatever the police initially accuse you of.
Challenging an Unlawful Arrest
Avoiding the mistakes mentioned above can protect your rights and strengthen your ability to challenge any violations of them.
If there was no probable cause for your arrest, request a dismissal. Evidence obtained as a result of an unlawful arrest could be suppressed. In some situations, you can file a civil rights lawsuit to recover damages if a law enforcement officer violated your rights.
You will achieve a favorable outcome if you remain silent, comply, and remain disciplined. For instance, a wrongful traffic stop can be challenged and dismissed by a case. If police take evidence without a legal search warrant or your consent, that evidence will be excluded. The prosecution will be forced to drop the charges. If police or other law enforcement engaged in misconduct, you could even have the right to sue for violating your rights.
However, not controlling your actions can work against you. If you speak without a lawyer, resist arrest, and violate court orders, these actions can overshadow the error of law enforcement, making it challenging to prove law enforcement misconduct.
Contact a Bail Bondsman Near Me
After being arrested, knowing your options to regain control can be helpful. Securing bail and a lawyer should happen fast so you can act as required. Do not let confusion or hesitation stop you from taking action. Take action quickly, whether facing minor or more serious charges.
Reach out to Balboa Bail Bonds for fast assistance in your release process. We are open 24/7 to help you or your loved one secure your release fast anywhere in California. Call us at 619-760-2222 to get started.
Tags: Rights of the Accused: What You Need to Know Post-Arrest