Steps to Take When Arrested or Facing Criminal Charges

Introduction

Being arrested or facing criminal charges can be one of the most overwhelming experiences in life. The decisions you make in the early stages of a criminal case can significantly impact the outcome. Power Trial Lawyers, serving Los Angeles and Orange County, is here to ensure your rights are protected and to build a strong defense on your behalf.

This guide outlines the critical steps you should take if you are arrested or facing charges, along with expert legal analysis based on California law. Each stage of the criminal process requires strategic decision-making, and having the right legal representation can mean the difference between conviction and acquittal.

I. Immediate Steps Upon Arrest

1. Remain Silent (Invoke Your Fifth Amendment Right)

One of the biggest mistakes individuals make when arrested is talking to the police. Under the Fifth Amendment, you have the right to remain silent to avoid self-incrimination. Law enforcement may attempt to elicit statements that can later be used against you. Even casual or seemingly harmless remarks can be misconstrued and presented as evidence.

• Miranda Rights: Upon arrest, officers must inform you of your right to remain silent. If they fail to do so, any statements you make may be inadmissible in court. However, this does not mean the charges will automatically be dismissed.
• California Law on Interrogations: Under California Penal Code § 825, a person in custody must be brought before a judge within 48 hours, but this does not mean you should answer any questions before consulting an attorney.
• Trap of Speaking to Officers: Officers often employ psychological tactics to encourage suspects to talk. They may claim that cooperating will result in leniency or suggest that silence makes you appear guilty. These are common interrogation strategies designed to extract confessions or inconsistent statements that can later be used in court.

2. Request an Attorney Immediately

Do not waive your right to legal counsel. As soon as you are arrested, say clearly: “I want to speak with an attorney.” Law enforcement is legally required to cease questioning once you request an attorney.

• Your Right to Counsel: Under California Penal Code § 860, you have the right to an attorney before answering any questions. If you cannot afford one, the court will appoint a public defender.
• Public Defender vs. Private Attorney: While a public defender may be assigned to you, hiring an experienced private defense lawyer—like those at Power Trial Lawyers—ensures a personalized and aggressive defense strategy. Public defenders often have heavy caseloads, making it difficult to dedicate sufficient time to your case.
• Avoid Waiving Your Rights: Some suspects mistakenly waive their right to an attorney, thinking they can “clear things up” on their own. This can be a costly error, as prosecutors can use any statements made without legal representation against you.

3. Do Not Consent to Searches

Law enforcement officers often ask individuals for permission to conduct searches, even when they lack the legal authority to do so. Unless officers have a valid warrant or meet specific legal exceptions, they cannot legally conduct a search without your consent.

• Refusing a Search: If an officer asks to search your person, vehicle, or home, politely refuse and state: “I do not consent to a search.” Never physically resist, as this could result in additional charges.
• California Search & Seizure Laws: The Fourth Amendment to the U.S. Constitution and Article I, Section 13 of the California Constitution protect against unlawful searches and seizures. Officers generally require a search warrant, which must be based on probable cause and approved by a judge.
• Exceptions to the Warrant Requirement: Certain circumstances allow officers to conduct a search without a warrant, including:
  • Search Incident to Arrest – Officers may search an individual and the immediate area following an arrest.
  • Exigent Circumstances – If an emergency justifies a search (e.g., evidence destruction or a suspect fleeing).
  • Plain View Doctrine – If illegal items are in plain sight, they may be seized without a warrant.
• Exclusionary Rule: If evidence is obtained unlawfully, a defense attorney can file a motion to suppress evidence under Penal Code § 1538.5. If successful, this motion could result in the exclusion of key prosecution evidence, weakening or even dismissing the case against you.
• How Courts Handle Illegal Searches: Courts review whether an officer had reasonable suspicion or probable cause before conducting a search. If law enforcement violated your rights, any evidence obtained may be deemed inadmissible, making it difficult for the prosecution to secure a conviction.

II. The Booking and Bail Process

1. What Happens During Booking?

Once arrested, you will be taken to a police station where officers will:

• Take your fingerprints and mugshot.
• Conduct a background check, which may reveal outstanding warrants or prior convictions.
• Hold you in jail or a detention facility until a bail determination is made.
• Collect personal belongings, which will be returned upon release.

The booking process can take several hours. During this time, it is crucial to remain calm and not discuss your case with police or other inmates. Anything you say can be reported and used against you.

2. Understanding Bail in California

Bail is a financial assurance that you will appear at future court proceedings. The court uses bail as a means to ensure compliance with legal obligations while allowing individuals to remain free pending trial.

• Setting Bail: Bail is determined based on several factors under California Penal Code § 1275, including:
  • Severity of the crime – Violent felonies typically result in higher bail amounts.
  • Criminal history – Prior offenses can lead to increased bail or denial of bail.
  • Flight risk – If the court believes you may flee, bail may be set higher or denied.
• Options for Release:
  • Cash Bail – Paying the full bail amount directly to the court.
  • Bail Bonds – A bail bondsman posts bail for a fee (usually 10%).
  • Own Recognizance (OR) Release – A judge may release you without bail if you’re deemed not a flight risk.
• Bail Hearings & Reduction Strategies: An attorney can argue for a bail reduction by demonstrating community ties, lack of flight risk, and a history of compliance with court orders.
• Denial of Bail & High-Risk Offenders: In some cases, bail may be denied, particularly for capital offenses or repeat offenders. An attorney can present mitigating factors to challenge these determinations.

III. Arraignment and Entering a Plea

1. What to Expect at the Arraignment Hearing

After your arrest and booking, your first court appearance is the arraignment, where you will formally hear the charges against you. This is a crucial step in the legal process, as it sets the tone for your defense strategy.

• Timeline: The arraignment must take place within 48 hours of your arrest (excluding weekends and holidays) under California Penal Code § 825.
• Entering a Plea: At this stage, the judge will ask whether you plead guilty, not guilty, or no contest. A not guilty plea allows your attorney time to investigate the case and challenge the evidence against you.
• Bail Review: If you have not been released on bail, the judge may reconsider the amount based on new arguments presented by your lawyer.

2. Should You Accept a Plea Deal?

The prosecution may offer a plea bargain, which could reduce charges or penalties in exchange for a guilty plea. However, accepting a plea deal without legal counsel can be risky.

• Pros: You might receive a lesser sentence or avoid harsher penalties if the evidence against you is strong.
• Cons: A guilty plea results in a criminal record, which can impact employment, housing, and future legal cases.
• Legal Strategy: A skilled attorney can negotiate a better deal or fight for dismissal of charges if the evidence is weak.

IV. Pretrial Hearings and Legal Strategy

1. Preliminary Hearing (For Felony Cases)

If charged with a felony, you are entitled to a preliminary hearing, where a judge determines whether enough evidence exists to proceed to trial.

• Legal Standard: The prosecution must establish probable cause, as outlined in McGill v. Superior Court.
• Your Rights: You have the right to cross-examine witnesses, challenge evidence, and present a defense.
• Dismissal Opportunity: If the judge finds insufficient evidence, the case may be dismissed or charges reduced.

2. Motions to Dismiss or Suppress Evidence

An attorney may file pretrial motions to weaken the prosecution’s case.

• Motion to Dismiss (Penal Code § 995): Filed when the evidence presented is insufficient for trial.
• Motion to Suppress (Penal Code § 1538.5): Challenges illegally obtained evidence, including unlawful searches, forced confessions, or violations of Miranda Rights.

V. Preparing for Trial

1. Jury Selection and Trial Preparation

Selecting the right jury is crucial for a fair trial. Defense attorneys carefully examine potential jurors to identify biasesand ensure impartiality.

• Reviewing witness statements, police reports, forensic evidence.
• Developing a strong defense strategy tailored to your case.

2. Defenses in Criminal Cases

A strong legal defense may include:

• Self-defense (justifiable use of force).
• Mistaken identity (false accusations).
• Lack of intent (no criminal intent to commit the act).
• Entrapment (induced by law enforcement).

VI. Sentencing and Appeals

1. Understanding Sentencing in California

Sentencing varies depending on the crime, prior record, and mitigating factors.

• Misdemeanors: Probation, fines, or up to 1 year in county jail.
• Felonies: Longer prison sentences, probation, or alternative sentencing (house arrest, community service, etc.).
• Sentencing Enhancements: Certain crimes (e.g., gang-related, violent offenses) carry additional penalties.

2. Filing an Appeal (If Convicted)

If convicted, you may have grounds for appeal:

• Legal errors or misconduct during trial.
• Newly discovered evidence.
• Ineffective assistance of counsel.

Appeals must be filed within strict time frames, so immediate action is crucial.VII. Why Choose Power Trial Lawyers?

• Decades of experience in Los Angeles & Orange County.
• Aggressive defense strategies tailored to your case.
• Proven track record of dismissals, acquittals, and reduced charges.

VIII. Frequently Asked Questions (FAQ)

1. What should I do immediately after being arrested?

Remain calm, invoke your right to remain silent, and request an attorney. Do not answer any questions without legal representation.

2. How can I get a lawyer if I can’t afford one?

If you cannot afford a lawyer, the court will appoint a public defender to represent you at no cost. However, hiring a private defense attorney may provide more dedicated attention to your case.

3. What happens at a bail hearing in California?

A judge determines whether bail is necessary and, if so, how much it should be. Your attorney can argue for a bail reduction or for release on your own recognizance.

4. How do I find the best criminal defense lawyer in Los Angeles or Orange County?

Look for experienced attorneys with strong client reviews, a track record of success, and expertise in criminal defense cases similar to yours.

5. Can a lawyer get my charges dismissed before trial?

Yes, depending on the case, an attorney may file a motion to dismiss due to lack of evidence, procedural violations, or unlawful searches.

IX. Contact Power Trial Lawyers Today

Facing criminal charges is serious—don’t navigate this alone. You need a dedicated legal team that will fight for your rights.

📞 Call now for a free consultation at 213-800-7664 or visit www.powertriallawyers.com.

⚖️ Protect your future. Retain an attorney today.