What Happens After a Criminal Arrest in California

Being arrested can be frightening and confusing, especially if it's your first experience with the criminal justice system. Here's a general overview of what typically happens next in California.

Booking and Bail

After an arrest, you'll typically be booked — fingerprinted, photographed, and your information entered into the system. Depending on the charge, you may be released on your own recognizance, required to post bail, or held pending arraignment.

Arraignment

At arraignment, you'll be formally informed of the charges against you and asked to enter a plea. This is also typically when bail is addressed if it wasn't already set. Having an attorney present at this stage can materially affect how the case proceeds.

Your Right to Remain Silent and to an Attorney

You are not required to answer questions from law enforcement beyond identifying yourself. Anything you say can be used against you. Requesting an attorney and declining to answer further questions until one is present is a right, not an admission of guilt.

Building Your Defense

From there, your attorney will typically review the evidence, assess how the arrest and any searches were conducted, and evaluate whether the case should proceed to trial, a plea negotiation, or dismissal.