What should I do if I’m arrested in Los Angeles?

What should I do if I’m arrested in Los Angeles?

You just got arrested in Los Angeles. You’re in handcuffs. You’re terrified. You’re thinking “if I just explain, they’ll let me go.” Stop. That’s how people lose their cases before they even start. Thanks for visiting Spodek Law Group – a second generation law firm with over 50 years of combined experience. Our managing partner, Todd Spodek, has many, many, years of experience defending clients after arrest in Los Angeles and nationwide. Todd has represented clients in high-profile cases covered by NY Post, Newsweek, and other national outlets – including Anna Delvey and juror misconduct allegations in the Ghislaine Maxwell trial. What to do in the first 24 hours after arrest in LA – the specific words to say, what happens during booking and arraignment, and how to avoid the mistakes that destroy criminal cases.

Say These 3 Sentences

The officer has handcuffs on you. Under the Fifth Amendment, you have the absolute right to remain silent. Under the Sixth Amendment, you have the right to an attorney. Say these 3 sentences: “I am invoking my Fifth Amendment right to remain silent.” “I want to speak with an attorney.” “I will not answer any questions without my lawyer present.” Then stop talking.

Police can legally lie to you during questioning in California – they’ll say “cooperation will help you” or “we just need to clear this up.” They’re building a case. You’re giving them evidence. Every word you say gets written in the police report and read to the jury. Police only have to read you Miranda rights before custodial interrogation. They can arrest you without reading Miranda if they don’t plan to question you immediately. Don’t wait for Miranda. Invoke your rights the moment you’re arrested.

The First 24 Hours

You’re being transported to LAPD station or county jail.

Booking process: Fingerprints. Mugshot. Medical screening. Personal information entered into the system. Property taken and inventoried. Housing assignment. This takes 2-4 hours. During this entire process – remember your three sentences. Don’t answer questions beyond basic identification. Don’t sign anything without reading it. Don’t consent to any searches.

Bail gets set during or immediately after booking according to the 2025 LA County Felony Bail Schedule. This is a predetermined amount based on the charges. Law enforcement must communicate any enhancement requests to the Court’s Pre-Arraignment Support Unit within 2 hours of booking (available 24/7 at 213-633-6350). If you can post this bail amount, you get released pending arraignment. If not, you stay in custody.

The 48-hour countdown starts now – but the critical detail most people miss. Under California Penal Code § 825, if you’re in custody, arraignment must occur within 48 hours. But the countdown starts the day AFTER arrest, and weekends and holidays don’t count. Arrested Friday and Monday is a holiday? Your arraignment happens Tuesday or Wednesday at the latest. Arrested Wednesday? Arraignment by Friday.

This is why you need an attorney BEFORE arraignment – not waiting for the public defender. A private attorney can help before charges are even filed. Can be present during questioning. Can challenge probable cause immediately. Can request bail reduction or OR (own recognizance) release at arraignment. Can start building your defense while the prosecution is still building their case. Unlike other law firms who are more focused on their relationship with prosecutors and judges, we owe loyalty only to you.

What NOT to do in custody: Don’t discuss your case on phone calls – they’re recorded. Don’t discuss your case with cellmates – some are informants. Don’t post bail and immediately start posting on social media about what happened. The prosecution monitors social media. Your “I didn’t do anything wrong” Facebook post becomes Exhibit A at trial.

Within 48 hours (excluding weekends/holidays), you’re brought before a judge. The judge formally reads the charges against you. You’re informed of your Constitutional rights again. Then you’re asked to enter a plea. You have four options: guilty, no contest, not guilty, or not guilty by reason of insanity. If you have an attorney (you should), they’ll advise you to plead not guilty at arraignment. This preserves all your options. You can always negotiate a plea deal later. But pleading guilty at arraignment? Case over.

Bail gets reconsidered at arraignment. Your attorney can request a bail reduction based on your ties to the community, employment, lack of criminal history, family obligations. Or request OR release – release on your own recognizance without having to post bail, just a promise to appear at all court dates. The prosecution will argue against this. Your attorney argues for it. The judge decides.

Next court date gets set. For misdemeanors, trial must begin within 45 days of arraignment. For felonies, within 60 days. But most cases don’t go to trial immediately. Discovery happens (prosecution shares their evidence), pretrial motions (your attorney challenges evidence), plea negotiations. The timeline stretches to months or over a year for complex cases.

The Mistakes That Lose Cases

You made bail. You’re out. Wrong – this is when most people destroy their own defense.

1. Posting on social media. The prosecution will find it. “I didn’t do anything” becomes evidence of consciousness of guilt when the jury hears you actually did do it. Photos from the night of the alleged crime showing you somewhere else? Great. But post them through your attorney, not Instagram.

2. Talking about the case on recorded jail phone calls. Everything is recorded. “Don’t worry, they can’t prove anything” becomes the prosecution’s evidence that you knew you were guilty.

3. Missing court dates. One missed date = bench warrant. One bench warrant = you’re back in custody, bail revoked, and the judge now sees you as a flight risk. Mark every court date on three calendars. Set five alarms. Do not miss court.

4. Talking to police without your attorney present. They’ll call you for “follow-up questions.” They’ll say “we just need to clear something up.” Say: “I’m represented by counsel. Contact my attorney.” Then hang up.

5. Contacting alleged victims or witnesses. If there’s a protective order, violating it is a separate crime. Even without a protective order, contacting witnesses can be charged as witness tampering. Let your attorney handle all communications.

6. Not documenting what happened immediately. Write down everything you remember about the arrest. Officer names, badge numbers, exact words said, who else was present, any use of force, time, location. Your memory fades. Do this within 24 hours. If your rights were violated – if police searched without probable cause, if they questioned you after you invoked rights, if they used excessive force – this documentation is critical for your defense.

7. Hiring the cheapest lawyer. Your freedom is at stake. The cheapest option is often the least experienced. Look for a criminal defense attorney with specific experience in LA courts, with a track record of winning cases similar to yours. Unlike other law firms who are more focused on their relationship with prosecutors and judges, Spodek Law Group owes loyalty only to you – and getting you the outcome.

8. Waiting to hire an attorney until “things get serious.” Things got serious the moment you were arrested. Every day without an attorney is a day the prosecution builds their case while you’re defenseless. Get representation immediately.

9. Violating bail conditions. If the judge set conditions for your release – don’t leave the state, check in with pretrial services, stay away from certain locations – violate them and you’re back in custody. Bail revoked. And now you’re fighting your case from jail instead of from home.

10. Not communicating with your own attorney. Your lawyer can’t defend you if you don’t respond to calls, don’t show up to meetings, don’t provide information they need. You hired them to fight for you. Let them do their job.

Resisting arrest adds charges. California Penal Code § 148 makes it a crime to resist, delay, or obstruct a peace officer. Physical resistance can add assault on an officer charges. Even if you think the arrest is unlawful, don’t physically resist. Comply with physical commands. State your non-consent verbally. Challenge the arrest through your attorney later.

Our founding partner, Todd Spodek, is a second-generation attorney who has represented clients in high-profile cases covered by NY Post, Newsweek, Fox 5, Business Insider, and Bloomberg. In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey. We are available 24/7 at 212-300-5196. Invoke your Fifth Amendment right to remain silent. Request an attorney immediately. We’re here to protect your Constitutional rights and fight for your freedom.