CRIMINAL DEFENSE PROCESS LAW — CALIFORNIA
What Happens After an Arrest in California — Step by Step
The hours and days after an arrest in California are critical. From booking and bail to arraignment and beyond — here is exactly what to expect and what to do at each stage.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney
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Quick Reference
What Happens After an Arrest in California — At a Glance
- Law / Code
- PC §825 / PC §859b / PC §1275
- Classification
- Criminal Procedure
- Maximum Penalty
- Varies by charge
- Probation Eligible
- Varies
- Strike Offense
- Varies
What Is What Happens After an Arrest in California Under California Law?
Legal Framework. An arrest in California sets off a sequence of legal events that unfolds over hours, days, weeks, and months. Understanding what happens at each stage — and what you should and should not do — is essential to protecting your rights and giving your defense attorney the best chance to achieve a favorable outcome. The most important thing to know immediately after an arrest: invoke your right to remain silent and ask for an attorney. Everything else flows from there.
The Prosecution's Burden. After arrest the defendant is transported to a police station or jail for booking. Booking involves recording personal information, photographing, fingerprinting, and inventorying personal property. The defendant is placed in a holding cell. For minor offenses the defendant may be cited and released — given a ticket with a court date and released without booking. For more serious offenses the defendant remains in custody pending a bail determination.
Potential Consequences. California law under PC §825 requires that an arrested person be brought before a magistrate without unnecessary delay — and no later than 48 hours after arrest excluding weekends and holidays. This first court appearance is the arraignment where the defendant is formally told the charges, enters a plea, and has bail set or reconsidered. The 48-hour rule is a constitutional protection — if it is violated the arrest may be challenged.
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §825 / PC §859b / PC §1275
To convict under PC §825 / PC §859b / PC §1275, the prosecution must prove each of the following elements beyond a reasonable doubt:
Arrest — law enforcement takes the defendant into custody based on probable cause or a warrant
Booking — personal information recorded, photographs and fingerprints taken, property inventoried
Bail determination — defendant may be released on own recognizance, released on bail, or held without bail for serious charges
Arraignment — defendant appears before a judge, is formally told the charges, enters a plea (usually not guilty), and bail is set or reconsidered
Preliminary hearing (felonies) — judge determines whether there is probable cause to hold the defendant for trial
Pre-trial proceedings — motions, discovery, negotiations
Trial or plea — case is resolved by verdict or negotiated plea
Sentencing — if convicted, judge imposes sentence
All elements must be proven beyond a reasonable doubt.
Penalties
Penalties for What Happens After an Arrest in California in California
Additional Consequences
- Booking and holding: up to 48 hours before arraignment (PC §825)
- Arraignment: must occur within 48 hours of arrest (excluding weekends/holidays) for in-custody defendants
- Preliminary hearing: within 10 court days of arraignment if defendant is in custody (PC §859b)
- Speedy trial: misdemeanor trial within 30–45 days of arraignment; felony trial within 60 days
- 10-day DMV deadline for DUI arrests — runs from date of arrest regardless of criminal proceedings
05 — Defense Strategies
How Rubin Law Defends What Happens After an Arrest in California Charges
Rubin Law, P.C. attacks the elements of PC §825 / PC §859b / PC §1275 and drives outcomes that avoid conviction where possible.
Invoke Rights Immediately
The most important step after any arrest is invoking your right to remain silent and your right to an attorney. Do not answer questions about the alleged offense, your whereabouts, or any other substantive matter. Politely state: 'I am invoking my right to remain silent and I want an attorney.' Then stop talking. Anything you say before or after arrest can be used against you. Jail calls are recorded. Do not discuss your case on the phone.
U.S. Const. amend. IV
Retain an Attorney Before Arraignment
The prefile window — between arrest and arraignment — is the most powerful opportunity to influence the outcome of a case. During this window your defense attorney can contact the assigned prosecutor before formal charges are filed, present mitigating evidence, challenge the strength of the case, and in some cases prevent charges from being filed at all. Call Rubin Law at (213) 723-2337 immediately after arrest.
17 CCR §1219.3
Fight for Release at the Bail Hearing
Remaining in custody while a case proceeds causes enormous harm — lost jobs, strained family relationships, pressure to accept unfavorable pleas. We appear at bail hearings to argue for release on own recognizance or the lowest possible bail, presenting evidence of community ties, employment, family, and lack of flight risk.
NHTSA SFST
Document Everything Immediately
Memory fades quickly after a traumatic event like an arrest. As soon as possible after release write down everything you remember about the incident — what happened, what was said, who was present, what the officers did and said, the weather, lighting, and any other details. This contemporaneous account can be invaluable later in the defense.
VC §23152
Preserve Evidence
Physical and digital evidence that supports the defense must be preserved immediately. Surveillance footage is often overwritten within days. Witness information fades. Text messages and social media posts can disappear. Your attorney needs to know about all potential evidence sources immediately after retention.
17 CCR §1219.1
Challenge the Arrest Itself
Was there probable cause for the arrest? Was a warrant required and obtained? Were Miranda warnings given before custodial interrogation? Did the officer follow proper procedures? An unlawful arrest can result in suppression of evidence and potentially dismissal of charges. We evaluate the legality of every arrest as the first step in every case.
VC §23103.5
Constitutional Sources: Fourth Amendment — U.S. Constitution
Questions
Frequently Asked — What Happens After an Arrest in California
What are my rights after an arrest in California?
After an arrest in California you have the right to remain silent under the Fifth Amendment — you do not have to answer any questions about the alleged crime. You have the right to an attorney before and during questioning under the Sixth Amendment — if you cannot afford one the court will appoint a public defender. You have the right to a prompt arraignment — within 48 hours excluding weekends and holidays under PC §825. You have the right to a bail hearing. You have the right to be free from unreasonable searches and seizures under the Fourth Amendment. Invoke all of these rights clearly and do not waive them.
How long can police hold you without charges in California?
Under California Penal Code §825 an arrested person must be brought before a magistrate without unnecessary delay and no later than 48 hours after arrest — excluding Sundays and holidays. This means if you are arrested on a Friday afternoon you may be held until Tuesday morning before arraignment. If the 48-hour rule is violated the court may be required to release the defendant. For minor offenses the defendant may be cited and released much sooner.
What happens at a California arraignment?
At an arraignment the defendant appears before a judge and is formally informed of the charges filed. The defendant enters a plea — in most cases 'not guilty' at the first arraignment regardless of the ultimate resolution. The judge sets or reviews bail. The court schedules the next hearing. In felony cases the arraignment is the beginning of a longer process. In misdemeanor cases the arraignment may be the first of just a few appearances. Having a private defense attorney at arraignment gives you immediate advocacy on bail and an early opportunity to evaluate the charges.
Should I talk to the police after an arrest?
No. You should not answer any substantive questions from police after an arrest without first speaking with an attorney. The US Supreme Court has repeatedly confirmed that invoking your right to remain silent cannot be used against you and that anything you say can and will be used against you. Officers are trained in interrogation techniques designed to elicit incriminating statements — even from innocent people. The single most common mistake defendants make is talking to police without an attorney. Call Rubin Law at (213) 723-2337 immediately.
What is the difference between being arrested and being charged?
An arrest is the act of law enforcement taking you into custody based on probable cause that you committed a crime. Being charged means the prosecutor has formally filed a criminal complaint or information alleging specific crimes. You can be arrested without ultimately being charged — the DA independently decides whether to file charges based on the strength of the evidence. This is why the prefile window is so important: before charges are filed your attorney can influence whether charges are filed at all and what specific charges are filed.
What is a 10-day DMV deadline after a DUI arrest?
After a DUI arrest in California the arresting officer typically confiscates your driver's license and issues a temporary driving permit valid for 30 days. You have exactly 10 calendar days from the date of arrest to contact the California DMV and request an Administrative Per Se (APS) hearing to contest the license suspension. If you miss this deadline your license is automatically suspended after 30 days regardless of what happens in the criminal case. Call Rubin Law at (213) 723-2337 immediately after a DUI arrest — we contact the DMV on your behalf.
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