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Arrested in the Valley: what to do in the first 48 hours

By Toros Law Firm · November 10, 2026 · 4 min read

The earliest days shape everything that follows. A short guide to protecting yourself right away.

In the first 48 hours after an arrest, the most important things you can do are stay calm, say very little, and ask for a lawyer. What happens in those two days, including booking, bail, and a first court appearance, often shapes how the rest of the case unfolds.

If you are reading this for yourself or for someone you love, take a breath. You have rights, and there are clear steps to follow.

What should I say when I am arrested?

Say as little as possible. You have the right to remain silent, and you have the right to an attorney. Using those rights is not an admission of anything.

Be polite and clear. Give your name if asked, then say: "I am going to remain silent, and I want a lawyer." Say it again if questioning continues.

Do not try to explain your side, even if you are certain you did nothing wrong. Statements made in the moment, especially when you are frightened, can be misunderstood or used later. Do not resist or argue with the officers, either. Your defense happens in court, not on the roadside.

What happens right after an arrest?

After the arrest, you are generally taken to a station or jail for booking. Officers record your personal information, take fingerprints and photographs, and keep your belongings. This can take several hours.

After booking you have the right to make phone calls, generally at least three, within three hours of the arrest. Use them wisely. Calls from jail are generally recorded, so do not discuss the facts of the case with anyone. Share only what is needed: where you are, who should be told, and that you need help finding a lawyer.

Can I get out of jail before my first court date?

Often, yes. Depending on the charge, you may be released on a written promise to appear, or you may be able to post bail. Some people are held until a judge decides on release.

Bail can be posted through a bail bond company or in other ways the jail allows. The amount and conditions depend on the charge and your circumstances. A defense lawyer can sometimes ask the court to review release conditions, so it helps to have someone speaking up for you early.

When will I see a judge?

California law generally requires that a person arrested without a warrant be brought before a judge within 48 hours, not counting Sundays and holidays. That first hearing is called an arraignment. There are exceptions, so timing can vary.

At arraignment, the court tells you what you are charged with, and you enter a plea. A lawyer can attend with you, explain the charges in plain English, and speak to the court about release terms. Having counsel at this stage can make a stressful day much clearer.

What should I do in the first 48 hours?

Here is a simple checklist for you or a family member:

  1. Stay silent about the facts and ask for a lawyer.
  2. Do not sign anything you do not understand.
  3. Do not discuss the case on jail phone calls or in messages.
  4. Write down what you remember: who arrested you, where, when, and what was said.
  5. Have a family member gather names, phone numbers, and any documents or video that may matter.
  6. Contact a criminal defense attorney as early as possible.

Do not contact the other person involved, if there is one, and do not post about the arrest online. Small actions like these can create new problems.

What mistakes should I avoid after an arrest?

The most common mistake is talking too much. The second is waiting. Evidence such as video footage can disappear, and witnesses can become harder to find as time passes.

Another mistake is assuming a minor charge does not need a lawyer. Even a misdemeanor can affect work, housing, professional licenses, and immigration status. It is worth understanding your options before you make any decisions.

Families often feel pressure to fix everything at once. You do not have to. Focus on the next step: getting the person safe, informed, and represented.

When to call a lawyer

If you or someone you care about has been arrested anywhere in California, you can call Toros Law Firm at (818) 641-5221. For an arrest or custody matter, call any time. The first consultation is free.

Our team can speak with you in English, Armenian, or Spanish. We will listen, explain where things stand, and talk through what comes next.

This article is general information about California law, not legal advice.

Still have questions? Let’s talk.

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