The first 48 hours after an arrest are often the most damaging—not because of the charge itself, but because of mistakes people make without realizing the consequences. In San Francisco, the criminal justice system moves quickly, and early missteps can quietly weaken a defense before a case even reaches court.
After years of handling criminal defense cases in San Francisco, one reality is consistent: many strong cases are harmed in the first two days, long before trial is ever discussed.
This guide explains what NOT to do in the first 48 hours after an arrest in San Francisco, and why restraint, awareness, and timing matter more than panic.
- Do NOT Talk to Police “Just to Explain”
One of the most common and damaging mistakes is talking to police after arrest in an attempt to “clear things up.”
Why this hurts your case:
- Statements are written into police reports
- Explanations are interpreted as admissions
- Minor inconsistencies damage credibility
- Tone and wording are used against you
Police questioning does not stop simply because you have been arrested. From a defense perspective, post-arrest statements cause more harm than the original allegation.
What to do instead:
Clearly invoke your right to remain silent and ask for an attorney.
- Do NOT Assume the Worst Is Over Once You’re Arrested
Many people believe that once the arrest happens, the damage is already done. That assumption is incorrect.
In reality:
- Prosecutors still decide whether to file charges
- Evidence is still being reviewed
- Legal sufficiency is still evaluated
Some arrests never turn into filed cases. Early mistakes—especially statements or violations—can push a weak case forward unnecessarily.
- Do NOT Post Anything on Social Media
Posting after an arrest is one of the fastest ways to damage a defense.
This includes:
- “Vague” posts
- Jokes or sarcasm
- Emotional reactions
- Comments on news or events
- Messages defending yourself
Social media content can be:
- Screenshot
- Subpoenaed
- Misinterpreted
- Used to attack credibility
Even deleted posts can resurface.
- Do NOT Contact Witnesses or Alleged Victims
After an arrest, many people try to “fix” the situation by reaching out to others involved. This is extremely risky.
Why this is dangerous:
- Contact may violate release conditions
- Messages can be misinterpreted
- Innocent explanations can be framed as intimidation
- New charges can result
Even indirect contact through friends or family can cause serious problems.
- Do NOT Ignore Paperwork or Deadlines
The first 48 hours often involve paperwork, notices, and instructions. Ignoring them is a mistake.
Common consequences include:
- Missed hearings
- Loss of bail opportunities
- Automatic penalties
- Loss of defense options
Deadlines exist whether you understand them or not.
- Do NOT Assume the Court Will Handle Everything
Many people believe the system will “sort itself out.” It will—but not in your favor by default.
Important reality:
- Courts respond to what is filed
- Prosecutors move forward unless challenged
- Silence can be mistaken for acceptance
Early legal action matters far more than late explanations.
- Do NOT Violate Release Conditions (Even Accidentally)
Release conditions often begin immediately after arrest.
Common conditions include:
- No-contact orders
- Travel restrictions
- Substance restrictions
- Program or testing requirements
Violations—even accidental ones—can result in:
- New charges
- Bail revocation
- Loss of credibility with the court
Lack of clarity is not a defense.
- Do NOT Wait to Seek Legal Guidance
Waiting is one of the most costly mistakes.
Why early legal guidance matters:
- Prosecutors review cases quickly
- Evidence decisions happen early
- Bail and conditions are set early
- Charging decisions are front-loaded
Once a case progresses, many opportunities disappear.
Why the First 48 Hours Matter More Than People Realize
The criminal process is front-loaded. Key decisions are made:
- Before charges are filed
- Before arraignment
- Before evidence is challenged
People who avoid early mistakes preserve leverage. People who react emotionally often lose it.
What You SHOULD Focus on Instead
In the first 48 hours:
- Remain silent
- Follow all instructions carefully
- Preserve documents and timelines
- Avoid unnecessary communication
- Seek informed legal guidance
Restraint is often the strongest defense move available.
Conclusion: Avoiding Mistakes Is a Defense Strategy
An arrest does not determine the outcome of a case. What you do—or don’t do—in the first 48 hours often matters more than the allegation itself.
Understanding what NOT to do after an arrest in San Francisco protects your rights, your options, and your future.
Speak With a San Francisco Criminal Defense Lawyer
If you or someone close to you has been arrested in San Francisco and needs guidance during the critical early stage:
📞 Call: (415) 837-3449
📧 Email: info@hallinanlawfirm.com
⚖️ Hallinan Law Firm — Strategic Criminal Defense Representation in San Francisco