Know Your Rights5 min read

Your Rights After an Arrest in California

Being arrested doesn't mean losing all your rights. Here's what you and your loved one are entitled to under California law — and why it matters.

The moment someone is arrested in California, they have constitutional rights that must be respected. Understanding these rights can make a significant difference in how a case unfolds.

The right to remain silent: You are not required to answer questions beyond providing your name and basic identification. Anything you say can be used against you in court. It's generally advisable to remain silent until you have an attorney present.

The right to an attorney: You have the right to have an attorney present during questioning. If you cannot afford one, the court will appoint a public defender. Do not waive this right.

The right to a phone call: After booking, you are entitled to make at least one phone call. Use it wisely — call a family member, an attorney, or a bail bondsman.

The right to a bail hearing: In most cases, you have the right to have bail set and to seek release while your case is pending. A bail bondsman can help you exercise this right quickly and affordably.

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