What Happens After an Arrest in California? Step-by-Step Guide

By Conor Bell

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Criminal Defense

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Last Modified on Mar 04, 2026

Getting arrested can be a shocking and terrifying process. When you’re taken to jail by police officers, your mind may be flooded with questions. Many people want to know what happens after an arrest in California. While the process can be detailed, arrests in California follow strict step-by-step procedures. Criminal defense attorneys like Conor Bell can help you navigate the arrest process, from booking and beyond.

1. The Arrest
   To legally arrest a suspect in California, police officers need a warrant signed by a judge giving them permission to arrest the suspect. However, officers are allowed to arrest you if they see you committing a crime or have probable cause. Probable cause arrests are unique to each case.

   If you were arrested without a warrant, a defense attorney can help you determine if the officers had probable cause under California arrest laws or not.

   Officers do not have to read you your Miranda Rights upon arrest. They are, however, required to share them before conducting a custodial interrogation. If an officer begins asking you questions, make sure to confirm whether you are under arrest or simply being detained. The police do not have to read your Miranda Rights if you are only being detained.

2. After an Arrest
   Upon being arrested, it is important not to say anything to the police without a lawyer present. Lawyers can help you avoid giving incriminating statements and protect your rights during interrogation or in court. You must make sure to invoke your Fifth Amendment right to remain silent as soon as possible.

   You must be clear in your intention by directly stating that you are invoking your Fifth Amendment right to remain silent and want to speak to a lawyer, and stating that you will not be answering questions until a lawyer is present.

   Staying silent does not protect you from questioning. Questioning can occur with or without an arrest, but the Fifth Amendment can be invoked in both cases.

3. Booking at the Local Police Station
   Once you have been arrested, officers will escort you to the local police station for booking. This process can take several hours and may not begin immediately. Booking involves multiple steps to record your information into legal records. These steps include:
   • Fingerprinting
   • Photos (aka mugshots)
   • Health screenings
   • Confiscation of personal property
   • Full body search

   Once booking is complete, you may be released on your own recognizance or be allowed to post bail. If you are not given either option, you may wait in a correctional facility, such as the Napa County Department of Corrections, for up to 48 hours before your arraignment. California law enforcement is generally not allowed to keep you in jail for more than 48 hours without an arraignment.

4. The Arraignment Process
   Arraignment is your first court appearance before a judge after an arrest. During this meeting, the judge explains the charges brought against you and advises you of your rights.

   After you have been informed of your charges and rights, you will be asked to enter a plea. This plea is usually a statement of guilty, not guilty, or no contest. Your lawyer can advise you on how to plead based on your case details.

   A no-contest plea means you accept the charge but do not admit guilt. Both a guilty and a no-contest plea will take you straight to sentencing. A not guilty plea, however, will trigger pretrial preparations.

5. Pretrial Proceedings
   If you enter a not guilty plea, your case will continue into the pretrial phase. At this point in the process, your attorney may do the following:
   • Review the evidence against you
   • File legal motions
   • Negotiate a plea agreement
   • Prepare your defense case for trial

   For felony cases, a preliminary hearing might be held. Here, it is determined whether there is enough evidence for the case to proceed to trial.

What Do Criminal Defense Lawyers Do?

A skilled criminal defense lawyer is your legal advocate in court. They look over your charges and advise you on your legal options. If you decide to take your case to court, they will speak for you in front of a judge or jury. A criminal defense attorney can speak with the prosecution to develop a plea deal for you.

FAQs

What Happens Immediately After an Arrest?

After someone has been arrested, the arresting officers transport the individual to a police station for booking. Booking inputs both personal and legal information into the appropriate records for the court system. Individuals under arrest wait to be booked in a holding area. In 2023, there were about 7.6 million bookings in the U.S.

What Are the Stages of a Criminal Case?

A criminal case can be broken into the following stages, depending on how the case progresses:

• The investigation
• Arrest and booking
• Arraignment
• Pretrial motions
• Trial
• Sentencing

Some cases don’t continue beyond the arraignment stage, especially if a plea agreement is involved to secure a lighter jail sentence or lighter penalties.

How Long Does Someone Stay in Jail After an Arrest in California?

An individual’s time in jail depends on their ability to post bail and the court’s processing speed. Some charges allow individuals to post bail before arraignment and be released within hours. Otherwise, judges may set bail during arraignment, which occurs within 48 hours of arrest in California. Some judges allow defendants to leave on their own recognizance without financial charges, depending on the case.

How Soon Must Arraignment Occur After Arrest in California?

California Penal Code § 825 states that an individual must be arraigned within 48 hours of being arrested. If the arraignment does not occur after 48 hours, the individual must be released. Arraignment cannot occur on Sundays or holidays. Since these days are not included in the 48-hour limit, some people can be held for more than 48 hours.

Hire a Criminal Defense Lawyer Today

With over 800,000 people arrested in California in 2024 alone, it’s easy to get lost in the system. If you hire a skilled criminal defense lawyer at the Law Office of Conor Bell, we can support you through your arrest. We can also provide the qualified experience of a California criminal defense attorney in cases of theft, DUI, assault, and more. Contact us today to see how we can help you.