What will happen when I get arrested?

Instead of arresting you, in some circumstances the police may give you a citation with a court date on it. However, if you do get arrested, then you may be taken to the police station or to the jail to be “booked.” During the booking process, the police may take your photograph, fingerprints, and a DNA sample. They may also search you, take your clothing or personal items, and ask questions about your health and background. You do not have to answer any questions about the crime during the booking process. (See Must I talk to the police? Should I talk to the police?.)

For some charges, you might be released after getting booked and given a court date. Otherwise, you will stay in jail until you go to court for your “arraignment.” Your arraignment must take place within 48 hours, not including weekends and holidays. If you let Mr. Rios know that you are in jail and waiting for your arraignment, he can come to court or the jail and help you.

When you are in jail, please remember that all of your phone calls are being recorded. It is a bad idea to contact the witnesses in your case or to talk about your case over the phone. The prosecution listens to these phone calls and may use them as evidence against you in your case. Your lawyer can help you hire an investigator that will contact helpful witnesses on your behalf.