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If you have been arrested in Riverside County.
The first 72 hours after an arrest matter more than people realize. Here is what defense attorneys generally advise – both for the person who was arrested and for the family members trying to help.
Available 24/7
The first three things to do.
01
Stay silent.
Do not explain. Do not ‘help’ the police clear things up. Do not answer questions, even friendly ones. The Fifth Amendment protects your right to stay silent – use it. Clearly say: “I am invoking my right to remain silent. I want a lawyer.” Then stop.
02
Call a defense attorney.
As soon as you are able, contact a criminal defense attorney – or have a family member do it for you. The earlier counsel is involved, the more can be done before charges are formally filed. Free, confidential consultation:
(951) 225-4130.
03
Do not post.
Nothing on social media. Nothing in texts or DMs. Nothing in voicemails. Prosecutors regularly subpoena phone records, social posts, and account messages. Even a sympathetic post about being in trouble can become evidence.
What happens procedurally after an arrest.
Knowing the basic procedure helps reduce some of the anxiety. The exact timing varies by county, charge, and circumstances – this is the general California pattern, not a guarantee for any specific case.
Booking. The arrested person is taken to the police station or jail, photographed, fingerprinted, and processed. Personal property is inventoried. This typically takes a few hours.
Holding. Depending on the charge, the person may be released on their own recognizance, given a citation to appear in court, or held until they can post bail or appear before a judge. For most misdemeanors, release is common. For felonies and serious charges, holding through to arraignment is more typical.
Arraignment. The first court appearance is usually within 48 hours of arrest (excluding weekends and holidays). The charges are formally read. A plea is entered. Bail is set or reconsidered. This is the earliest point at which a defense attorney can begin formal court representation – but the work of building the defense should start well before this.
Pre-filing investigation. In many cases, especially felonies, prosecutors take time after the arrest to decide what to charge. This is often the most important window for defense intervention. A good attorney engaged early can sometimes prevent charges from being filed at all.
For family members and loved ones.
If someone you love has been arrested, you can help – but how you help matters.
- Call an attorney first, not the jail. The jail will not give you much information. An attorney can find out what charges are being filed, where the person is being held, and what bail options exist.
- Do not discuss the case on jail phones. All calls in and out of jail are recorded. Anything said on those calls can be used as evidence. Limit conversations to logistics: ‘Are you okay? An attorney is on the way.’
- Do not post about the arrest on social media. Prosecutors and police read social media. Family posts can hurt the case in ways that are not obvious in the moment.
- Gather basic information. Name, date of birth, jail location, booking number if you have it, and the charge if known. An attorney will ask for these.
- Do not pay for bail until you have talked to an attorney – in some cases, the charges may be reduced or dropped before bail is needed, and bail is often negotiable.
What to avoid.
Do not talk to police.
Even to “give your side.” Even if you think you can clear things up. Statements made to police – in custody, in interviews, in casual conversation – are the single most common way cases get worse.
Do not consent to searches.
If police ask for permission to search your car, phone, home, or belongings, you can politely decline. “I do not consent to a search” is a valid response. Whether they search anyway is then a legal question – one your attorney can challenge later.
Do not delete anything.
Deleting texts, social posts, photos, or browsing history after an arrest can be charged as destruction of evidence – a separate crime. Do nothing with your phone or accounts until you talk to a lawyer.
Why early intervention matters.
The defense work that happens BEFORE charges are filed is often the most consequential work in a criminal case. In Joe’s experience as both a former Deputy DA and a defense attorney, the cases that end well usually had someone advocating in the early days – sometimes successfully arguing the prosecution out of filing charges altogether, sometimes negotiating reduced charges, sometimes preserving evidence and witness statements that get lost as memories fade.
If you or someone you love has just been arrested, the next phone call matters.
This page is general information about constitutional rights and the criminal justice process. It is not legal advice for any specific case. For advice about your particular situation, contact Joe directly for a free, confidential consultation.