The process of putting a person under arrest, as described by California law, is officially termed a criminal arrest. A criminal case formally begins with this process, which is strictly regulated by several procedures and constitutional safeguards. It is a dramatic and often confusing experience, particularly when your liberty is restricted and the full force of the justice system is exerted.

Arrests are based on the fundamental safeguards of the Fourth Amendment of the United States Constitution. This law safeguards against unreasonable seizure and provides the fundamental basis of any lawful arrest (probable cause). Every move of law enforcement officers since the time of your arrest is judged by this standard of the Constitution.

If you or a loved one faces a criminal arrest, this article provides a step-by-step examination of the criminal arrest procedure in California. The process begins with the initial police encounter/arrest and proceeds through to the first court appearance. You learn these processes, understand your rights at every step, and know what you should expect to occur.

Probable Cause as the Legal Grounds of an Arrest

The police must have a valid legal reason to strip someone of their liberty lawfully. This justification is referred to as probable cause in California, as in the rest of the United States. It is the most significant legal criterion for an arrest, and it constitutes the constitutional foundation of the entire criminal procedure. In its absence, an arrest becomes illegal, and all evidence gathered as a result can be inadmissible in court.

Understanding Probable Cause

The legal arrest standard in California involves a higher threshold. Probable cause is described as a plausible opinion that is arrived at after a combination of objective facts and circumstances that a crime has been committed and that you have committed the crime.

It is a common-sense, non-technical criterion on which a judge will assess according to the facts of the situation as understood by the officer during the arrest. Although it is less than the proof beyond a reasonable doubt required to prove a person guilty, it must be adequate and credible data to make a person of reasonable caution believe that a crime took place.

Arrests With a Warrant vs. No-Warrant Arrests

Two main scenarios under which a lawful arrest can be made are in the presence or absence of a judicial warrant.

  • Arrests With a Warrant

In California, an arrest warrant is an official warrant issued by a judge or magistrate. To obtain one, a law enforcement officer must file a sworn affidavit detailing the facts that establish probable cause. The judge examines this evidence, and when it is satisfactory to the standard required, he/she can give the police the mandate to arrest you.

  • Arrests Without a Warrant

According to the California Penal Code 836, a warrantless arrest by an officer is possible under certain circumstances. An officer can arrest you for all misdemeanors and infractions committed before his/her presence. More importantly, at what time can the police arrest you for a felony? They are allowed to do so when they have probable cause to suspect that you have committed a felony, although they may or may not be present at the moment of the act.

This difference is critical because it gives officers considerable discretion to make on-the-spot arrests for serious offenses based on their own judgment of probable cause. Although the general principle for misdemeanors is that the officer must observe the offense, California legislation has several significant exceptions.

An example of this is that when domestic violence is suspected, an officer may make a warrantless arrest using probable cause even though the alleged assault had not occurred in their presence. This is an exception created to protect potential victims in volatile circumstances.

There are also similar exceptions to other specific misdemeanors, including the violation of a restraining order. This detail is significant, as it demonstrates that in cases of less serious crimes, too, the situation in which an alleged offense occurred can provide police with the authority to make arrests without a warrant.

What Occurs At The Very Moment Of Arrest?

Actually, the process of arrest is fast and scary. Being aware of what to expect and how to behave would help avoid the situation escalating and keep you out of further criminal charges. Conformity and protection of your rights should be your priorities rather than presenting the case about the legality of the arrest on the street.

Being Taken into Custody and Use of Force

In case an officer wants to arrest you, he will inform you that you are under arrest. You will be detained under police custody, and you are not free to leave anymore. This is achieved nearly always through handcuffing you.

The California law, specifically Penal Code 835a, permits officers to use a reasonable amount of force that is objectively reasonable to effect an arrest, prevent escape, or overcome resistance.

The definition of reasonable force varies depending on the situation of the occurrence. It is important not to resist the arrest physically. Although you may feel wrongfully arrested, resistance may result in additional and equally serious resisting arrest charges and make defending yourself more difficult.

Search Incident to Legal Arrest

You will undergo a search as soon as you are arrested. This does not constitute a breach of your rights, but rather a long-standing exception to the warrant requirement, known as the search incident to arrest.

The primary reasons for this search are to keep the officers safe by searching for any possible weapons and to prevent the destruction or concealment of evidence related to the crime for which you are being arrested. This is a constitutionally restricted search. During your arrest, the police may frisk you and the area within your immediate control, commonly referred to as your "wingspan."

A passenger search may also be conducted on a vehicle after an arrest, particularly when the car is being searched in the passenger compartment, where it is reasonable to believe that evidence of the arresting offense would be located.

Maneuvering the Booking Process at The Police Station

After your arrest, you will be taken to the local police station or county jail. This will be an administrative process called the booking process. This stage may appear as a bureaucratic formality, but it is an essential stage. The jail is the official place where your arrest is recorded, and in many cases, it is also where investigators will interview you. Everything you say and do during the jail booking process can have a significant effect on the result of your case.

The Booking Procedure

The booking process is the production of an official statement of your arrest. They will collect your personal data, including your name, date of birth, and physical characteristics. They will also take a booking photo, otherwise referred to as a mug shot, and take your fingerprints.

You will be deprived of your personal property, catalogued, and placed under safe custody until your release. Questions at the stage of police booking are usually reduced to bio-data that are required to conduct administrative procedures. This is a standardized procedure that ensures a formal record of your introduction to the custodial system.

Your Right To Keep Silent

This is the post-arrest phase, during which the police officer seeks to interrogate you regarding the alleged offense. This is what is referred to as a custodial interrogation. They are required to inform you of your Miranda rights, which are based on the Fifth Amendment, before they can legally do so.

These rights are the right to keep silent and the right to have an attorney present during questioning. These rights are of paramount importance, and you must, by all means, understand and exercise them. You must assert clearly and unequivocally that you are asserting your right to remain silent and that you want an attorney.

When you invoke a right to an attorney, no one should ask you any questions before your attorney is present. Do not respond to questions, make explanations, or have a friendly conversation about your case; any information you speak will be used against you.

Your Right to Phone Calls, California Penal Code 851.5

In addition to your Miranda rights, the California law offers one more critical protection following an arrest. California Penal Code 851.5 allows you to have a phone call. In particular, the law provides you with the right to make at least three completed phone calls as soon as you are booked or within three hours of your arrest. How many calls do you make in jail?

The law ensures that you have three options: an attorney, a bail bondsman, a family member, or a friend. This right must be told to you by the law enforcement officials, and they should not overhear your phone when speaking with your lawyer. This does not come as a privilege but as a legal right, and this is your first and most important chance to demand legal help and make preparations to get yourself out.

The Path to Release or Arraignment

After the booking process is over, the next consideration is whether you are going to be released or put under custody until your first court appearance. This decision is arrived at in a short time, and it may occur in various ways. In case you are not set free, the law requires you to be taken to a judge as soon as possible.

Securing Release Via Bail, O.R., and Citations

There are three main ways of getting out of jail while awaiting trial, including:

  1. Citations. In cases of minor misdemeanours or infractions, an officer can release you on a citation, a written statement to appear in court on a specific date, and then you are released. In more serious crimes, posting bail is the most popular option in California.
  2. Bail. A bail is a promise to the court that you will appear in court at all subsequent hearings. The bail is typically set according to a county-wide bail schedule. You may deposit the entire sum as cash, or you may hire a bail bonds company at a non-refundable fee.
  3. Own Recognizance. The third option is its own recognizance release (O.R. release). This is where a judge leaves you out on bail without posting any money on the basis that you have signed a promise to come back to court. An O.R. release is typically issued based on factors such as your community affiliation, criminal record, and the nature of the crime committed.

The 48-Hour Rule and Arraignment

You cannot be detained indefinitely in jail if you cannot be released by citation, bail, or O.R. In California, a 48-hour provision requires that you be arraigned before a judge within 48 hours, excluding weekends and holidays, following your arrest, at your first court appearance, which is typically referred to as an arraignment. There are several purposes of the arraignment process.

To begin with, you will be notified of the criminal charges against you. Second, you will be informed of your constitutional rights and asked to enter a guilty, not guilty, or no contest plea. Third, the judge will examine your custody status and could re-examine the bail issue, which may reduce the amount or release you on O.R.

During the arraignment, it is a standard procedure to enter a plea of not guilty, and this will not deny you any of your legal rights and defenses. This plea does not imply that you are rejecting anything, but only compels the prosecution to prove the charges against you beyond a reasonable doubt.

At this early stage, it is seldom advisable to plead guilty or no contest without consulting an attorney, as it can lead to a conviction and waive your right to a trial. It is also during the arraignment that the court will determine a timeline of the subsequent proceedings, which is a formal way of initiating the litigation part of your case.

Challenging an Illegal Arrest

Probable cause is not just a recommendation in the Constitution because probable cause is a right that can be enforced. Police officers are obligated to uphold this standard, and if they fail to do so, it has serious legal ramifications. An unconstitutional seizure of your person is an arrest without probable cause, and the law provides a potent remedy for such an infringement.

Challenging an Unlawful Arrest

The illegality of an arrest in California arises when the police detain you in California without a warrant and probable cause. When an officer arrests you on a hunch, discriminatory profile or based on a lack of evidence, such an arrest is illegal. This is a direct infringement of your Fourth Amendment rights.

Although you must not fight an arrest that you feel to be illegal at the moment, you must relay all the details of the interaction to your lawyer. A skilled attorney can evaluate the police report and the facts of your arrest to find out whether the police acted beyond their legal mandate. The possibility of suing over an illegal arrest exists in the civil court, yet its immediate effect is in your criminal case.

Suppressing Evidence

In a criminal case, the primary remedy for an unlawful police arrest is the suppression of the evidence. This is a legal concept known as the exclusionary rule, which states that any evidence acquired as a direct or indirect consequence of an unconstitutional act by the police cannot be used against you in a court of law. Your attorney can present the motion to suppress evidence according to California Penal Code 1538.5 because the arrest was unlawful.

Any evidence discovered in the course of the search leading up to said arrest, anything that you told thereafter, and anything observed by the officers will be suppressed in case the judge concurs. This has been commonly known as the fruit of the poisonous tree doctrine. An effective motion can cripple the prosecution's case, leaving them with a lack of evidence to proceed and causing the charges to be dismissed.

Locate A Criminal Defense Lawyer Near Me

The process of being arrested by police officers and being detained until a complicated network of laws, procedures, and constitutional rights governs your very first court appearance. An arrest is a scary and overwhelming situation; however, it is not the end of the legal process but the beginning.

The arrest procedures exist because they keep the state efficient and safeguard you, the accused. Every step, from probable cause to booking, your Miranda warning, your right to a phone call, and your arraignment, is a crucial point where your rights should be demanded and defended.

Also, an arrest is not a ruling but the levelling of an accusation. Your actions immediately after your arrest may have a significant impact on the overall course of your case. When you or a loved one is arrested in San Jose, protect your rights and future by seeking help from the California Criminal Lawyer Group. Call us at 408-622-0204 for a free and confidential consultation.