Booking
After an arrest you're taken to a jail facility and booked — identity recorded, property taken and inventoried, photographs and fingerprints, and a check for warrants or holds.
How long this takes varies enormously. It depends on the facility, the time of day, how busy they are, and what you're arrested for. Families waiting for news usually find this stretch the hardest part, because nothing appears to be happening and nobody is telling them anything.
The 48-hour rule
California law says you must be taken before a magistrate without unnecessary delay, and in any event within 48 hours of arrest, excluding Sundays and holidays (Penal Code § 825).
The exclusions matter, and they're why a weekend arrest can feel so much longer. If the 48 hours run out when court isn't sitting, the time extends to the next court session. There's also a specific rule for Wednesday arrests after the day's session ends — arraignment then has to happen by the following Friday, if that Friday isn't a court holiday.
In practice: an arrest on a Friday night usually means Monday or Tuesday before you see a courtroom.
Release before court
Not everyone waits in custody. Depending on the charge and the circumstances you may be released on bail, released on your own recognisance, or cited out with a date to appear.
If bail is involved, this is worth a call before you commit money. Bail decisions made without advice are sometimes decisions you didn't need to make, and money spent there is money that isn't available later.
The report goes to the DA — and this is the window
Here's the part most people don't know about, and it's the most important thing on this page.
Being arrested for something is not the same as being charged with it. The arresting agency writes a report and sends it to the District Attorney, and the DA decides what to file — if anything. They can file what you were arrested for, file something different, add charges, reduce them, or decline the case entirely.
That gap between arrest and filing is where defense work has the most leverage, and it's the period most people spend waiting to see what happens. Work done there can change what gets filed. Once charges are filed, you're arguing about a decision that's already been made.
Arraignment
Your first court appearance. The charges are formally read, a plea is entered, and the court addresses custody status and any protective orders.
You'll also get a next date. If there's a protective order, understand its terms before you leave — violating one is a separate crime under Penal Code 273.6, independent of whatever the underlying case does.
If it's a DUI, a second clock is already running
A California DUI is two separate cases. The criminal one in court, and the DMV one that decides whether you keep your licence. Different deadlines, different rules, different decision-makers.
You have 10 days from the date of arrest to contact the DMV and request a hearing. Miss it and the suspension is automatic, regardless of what happens in court. Nobody at the jail will remind you.
See DUI defense.
What to do in the meantime
- Don't discuss the case — not with police, not on a recorded jail phone line, not on social media. Jail calls are recorded and they do get used.
- Write down what happened while it's fresh. Times, locations, who was present, what was said.
- Keep every piece of paper you were given.
- Note the arresting agency. Which department wrote the report matters more than people expect.
- Call before your court date, not after it.
(916) 277-8299. The call is free and you're talking to an attorney.
Common questions
How long can they hold me without charging me?
You must be taken before a magistrate without unnecessary delay and in any event within 48 hours of arrest, excluding Sundays and holidays, under Penal Code 825. Weekends and holidays are why it can feel considerably longer.
Does being arrested mean I've been charged?
No. The arresting agency sends a report to the District Attorney, who decides what to file. They may file different charges, fewer charges, or none.
Should I talk to the police and explain?
No. You have the right to decline questions and to a lawyer, and being innocent doesn't make an interview safe. Statements given without advice are frequently the strongest evidence in the file.
Should I get an attorney before or after charges are filed?
Before, if you can. The window between arrest and filing is when charging decisions are still open, and it's where the most can be done.
What happens if I miss my court date?
A warrant is usually issued. Call an attorney rather than waiting — a missed date is fixable, and it gets harder the longer it sits.
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