What to Do If You Are Arrested in CaliforniaU.S. Constitutional Amendment V & VI
Free Consultation.
Stay Calm and Do Not Resist
The most important thing you can do when being arrested is stay calm and do not physically resist, even if you believe the arrest is unlawful. Resisting arrest — even an unlawful one — can result in additional criminal charges and potential injury. Your remedy for an unlawful arrest is through the courts, not on the street. Take note of the officers' names, badge numbers, and exactly what happened so your attorney can investigate later.
Invoke Your Right to Remain Silent Immediately
Clearly and calmly state: "I am invoking my right to remain silent. I want an attorney." Do not try to explain your side of the story, provide an alibi, or talk your way out of the situation. Everything you say to police can and will be used against you. Even innocent statements can be taken out of context and used to build a case against you. The right to silence is absolute — use it.
Do Not Consent to Searches
If officers ask to search your person, vehicle, or belongings, clearly state: "I do not consent to this search." Officers may still search if they have probable cause or a warrant, but your refusal is legally significant and can help suppress improperly obtained evidence later. Never physically resist a search — simply make clear verbally that you do not consent.
Request an Attorney Before Any Questioning
Once you request an attorney, police must stop all questioning until your lawyer is present. This is one of your most important rights. Do not answer any questions about the alleged crime, your whereabouts, or anything related to the case without your attorney present. Even if you are innocent, providing information without an attorney is dangerous.
The Booking Process
After arrest, you will be taken to a police station or jail for booking — photographing, fingerprinting, and processing. You may be held in custody until arraignment or until bail is posted. Do not discuss your case with other inmates — those conversations are not protected by attorney-client privilege and can be reported to prosecutors.
Call Virtuoso Law as Soon as Possible
The sooner you have an attorney, the better your outcome. Call Virtuoso Criminal and DUI Lawyers at (833) 666-5245 immediately — we are available 24 hours a day, 7 days a week. We can advise you over the phone and appear with you at arraignment.