An arrest can be overwhelming. You can be facing possible penalties and protective orders, which may concern your reputation. One of the most important steps you can take is speaking with a lawyer as soon as you can. A criminal lawyer can help protect your rights and guide you through what may be happening next. This blog will explain how a lawyer can assist with bail and court hearings while helping you with your defense strategy.
Key Takeaways
Act early and stay silent: You have the right to remain silent. You also have the right to ask for a lawyer after an arrest. Use said rights until you have legal guidance.
Be careful on jail calls: Jail calls may be recorded. Avoid discussing the details of your case. You need to also limit conversations to practical matters such as bails or visits.
Take DV charges seriously from the start: Domestic violence cases may involve specific conditions for bail. Early legal advice might help you understand your options.
An arrest can turn your life upside down. This can be stressful when domestic violence charges may be involved. The process can move fast from booking to bail and then to arraignment within just a few days.
During this window, whatever you do and say shapes the whole case and everything that follows the arrest. As a defendant, you should know the essential first steps after an arrest and how working with a professional defense counsel can help.
What You Should Do In the First 48 Hours After Arrest
According to the laws in California, an arrested person must be brought before the judge within 48 hours. This excludes Sundays and government holidays under Penal Code 825.
Booking and Your Phone Calls
During booking, the police take your fingerprints, photograph, check for warrants, and record your personal belongings. According to PC 851.5, you can make at least 3 phone calls within 3 hours of arrest. You can call a family member, a bail bondsman, and a Pasadena criminal lawyer who works in local courts.
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Release Options
Cite-and-Release – People arrested for misdemeanors usually get a written citation and date to appear in court according to PC 853.6. But DV misdemeanors are excluded from this as they usually need formal booking into custody.
Bail – If bail applies, the initial may come from the county’s bail schedule. A judge may reconsider the amount at arraignment. Under In re Humphrey, 2021, the court must also consider the defendant’s ability to pay.
No Charges – An arrest does not just mean that criminal charges will be filed or you will be convicted. In some cases, police may release a person without filing a case. This happens when the available grounds are insufficient under PC 849(b).
Protect Your Rights During Police Questioning
Once you have contacted a family member and a lawyer, focus on protecting your rights. Just stay calm and avoid discussing the facts of your case with the police. Politely say, “I am invoking my right to remain silent, and I want a lawyer.” (Berghuis v. Thompkins, 2010)
You should also be careful about searches of your phone, home, or vehicle. Ask if the officers have a warrant. Even if you believe that the arrest is unfair, do not try to resist arrest. Because that can lead to added charges under PC 148.
CAUTION!
Be careful about what you say on county jail phones. These calls are generally recorded and may later be requested as evidence. Keep conversations focused on practical matters such as arranging bail or making plans for your children. Do not discuss the facts of the case, the alleged victim, or make statements that could later be taken out of context.
Note: Calls with your defense attorney are not recorded and remain confidential.
Build a Proper Attorney-Client Relationship
Your Pasadena criminal lawyer can review the arrest, request police reports, and check the body-camera footage. They also contact the prosecutor before charges are filed.
Share All Information with Your Attorney
- Everything about the incident, including facts that you think are unhelpful. Your attorney will protect these communications.
- Witness names, with any texts, photos, video, or receipts that support the incident’s timeline.
- Prior arrests, immigration status, probation status, and professional licenses, as these affect the defense strategy.
Avoid the Following While Your Case is Ongoing
Do not post anything about the case on social media. Never discuss the case with anyone apart from your lawyer and avoid contacting the victim or witnesses.
Arrests That Involve Domestic Violence
DV arrests have stricter laws, so consult with a domestic violence attorney early. Because first-hearing decisions on bail, firearms possession, and protective orders shape the whole case.
- The police may get an Emergency Protective Order (EPO) that lasts for 7 calendar days/5 court days according to Family Code 6250 et seq.
- For specific DV cases, including PC 273.5, a judge might need to hold a hearing before setting bail as per PC 1270.1.
- At arraignment, the court might issue a Criminal Protective Order (CPO) as per PC 136.2, and violating it is a separate offense under PC 273.6.
In DV cases, a domestic violence attorney also addresses protective-order terms at that first hearing.
Case Scenario
After an argument, a Pasadena resident was arrested for domestic battery. At arraignment, the judge issued a no-contact order to keep him away from his home. His attorney then requested a modification so that he could go and retrieve his belongings through a civil standby.
Conclusion
An arrest can be stressful and confusing. What you do in the first few hours can still matter. Stay calm, avoid discussing the case with police, write down what you remember, and share the details with your lawyer. Early legal guidance can give you a clearer path forward as your defense takes shape.
Arrested After Being Accused of Domestic Violence?
Consult a licensed defense attorney in California immediately without taking any action yourself, and avoid answering the police until your lawyer is present with you.
