Law Office of David P. Shapiro - San Diego Criminal Defense Attorney




2550 Fifth Ave Suite 1050, San Diego, CA 92103

Being arrested can be a very traumatic experience and even more so when you have no idea what to do or what to expect. A lot of people feel lost and powerless through the process. It is important to know that you can regain control of the situation by being proactive and hiring a qualified criminal defense law firm to help guide you through the process.

Difference between being arrested and cited

Sometimes if the alleged crime committed is a low-level offense, you might just be cited, instead of arrested and booked into custody. However, that citation acts like an “arrest” in nearly every instance.

Miranda warnings

Whenever the police make an arrest, they must read your Miranda rights should the prosecution wish to introduce your statements as evidence against you if those statements were made while you were “detained” and “under interrogation.”  These rights include your right to remain silent and your right to an attorney.

Arrested and booked into custody

If you are arrested and booked into custody, it is important to remember to invoke your right to remain silent and not make any statements through the entire process. The police are there to gather evidence against you and they can legally lie to you to get information out of you. Ultimately, whether criminal charges are filed is a decision which rests solely with the prosecution and not law enforcement.  If you are allowed to make a phone call, keep do not discuss the allegations made against you and what may or may not have occurred. These phone calls are recorded, and any statements you make about your case on these calls can be used against you.


Once you are arrested and booked into jail, you will likely have the option of posting bond and being released from custody pending the first court date should charges be filed against you.  Some charges have a standard bail amount per the County bail schedule. There are some charges so serious you will not be able to bail out no matter how much money you have to put down toward your release from custody. You also have the option of staying in custody until your first court appearance (arraignment), where your bail could be reduced, or even increased, by a judge.

Staying in custody

If you cannot afford to bail out, or you are placed on “no bail” status, you will have to remain in custody pending the resolution of your case.  Anyone that is held in custody must be arraigned within 48 hours of the arrest (by the third business day).


The arraignment is the first criminal court appearance after charges have been filed.  The defendant is advised of the charges filed against them, their rights, and a plea of either guilty or not guilty will be entered.  A judge will also be considering bail conditions at the arraignment.  The Court will appoint counsel for the accused should charges be filed against them, and assuming they financially qualify for court appointed representation.

Learn more about what you should do after being arrested or cited from our Firm’s Partner Stefano Molea here.

If you or a loved one is facing criminal charges and wants to learn more about the many things which can be done between arrest and arraignment to maximize your chances at obtaining the best outcome possible, give us a call today at (619) 295-3555 to set up a case evaluation with one of our attorneys.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.