The moment the handcuffs click, your world changes. An arrest in San Francisco can be overwhelming, whether it’s for DUI, a bar fight that escalated, or a serious felony charge. Fear, confusion, and uncertainty about what comes next often cause people to make mistakes in the first few hours—mistakes that can cost them their freedom, their job, and even their reputation.
But here’s the truth: you have rights, and the first 24 hours after your arrest are the most important window to protect them. Knowing what to do—and what not to do—can be the difference between a strong defense and a weak case.
At The Hallinan Law Firm, we’ve guided countless clients through these critical first hours. Here’s what you need to know.
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1. Silence Is Not Just Golden—It’s Power
Police are trained to make you talk. They’ll act friendly, suggest cooperation will “help your case,” or even imply you’ll go home sooner if you explain yourself. Don’t fall for it.
In California, you have an absolute right to remain silent. You are not obligated to answer questions beyond providing your basic identifying information. Every word you say can be twisted and used against you later in court. Use your silence wisely—it is your shield.
2. Demand a Lawyer—Immediately
The second you’re arrested, invoke your right to an attorney:
“I am invoking my right to remain silent. I want to speak with my lawyer.”
That single sentence stops questioning. From that moment on, police cannot legally interrogate you without your lawyer present. Having a seasoned San Francisco criminal defense attorney by your side ensures that evidence is challenged, your rights are enforced, and your story is told the right way.
3. You Deserve to Know the Charges
Within hours of your arrest, you must be informed of the reason you’re being held. Whether it’s DUI, drug possession, assault, or a white-collar allegation, clarity about the charges gives your lawyer the ability to start building a defense immediately—sometimes even before the District Attorney files a case.
4. Bail, Release, and Your Freedom
Not every arrest means you’ll spend days in jail. Depending on the charge and your record, you may be:
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Released on your own recognizance (a promise to appear in court).
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Granted bail, which can sometimes be reduced or eliminated with strong legal advocacy.
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Held if prosecutors argue you’re a flight risk or danger.
An experienced lawyer can fight aggressively in those first hearings to secure your release, so you can return to your family and your job while your case proceeds.
5. Your Right to a Phone Call
California law guarantees you the ability to contact family or counsel within a few hours of being booked. Use that call wisely. Calling a friend may provide comfort, but calling a lawyer provides protection. Remember: jail calls are recorded—except those made to your attorney.
6. The Don’ts: Common Mistakes in the First 24 Hours
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Don’t resist arrest. Even minor resistance can turn into additional charges.
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Don’t talk about your case on recorded jail phones, to other inmates, or online.
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Don’t assume guilt. Many cases look overwhelming at first, only to collapse under skilled cross-examination and investigation.
Why These Hours Define Your Case
Prosecutors and police know the first day after an arrest is when people are most vulnerable. Evidence is being collected, statements are being recorded, and decisions about charging are being made. If you don’t have strong representation immediately, you risk giving up leverage that you can never get back.
Neil Hallinan, founder of The Hallinan Law Firm, has tried more than 45 cases to verdict and defended thousands of clients across San Francisco and the Bay Area. His background as a public defender taught him exactly how the state builds its case—and how to dismantle it.
Take Action Now—Protect Your Future
If you or someone you love has been arrested in San Francisco, every hour counts. The first 24 hours are not just about surviving the system—they are about shaping the outcome of your case.
Don’t leave your rights in the hands of chance. Put an experienced trial attorney in your corner.
📞 Call The Hallinan Law Firm at 415-837-3449
📧 Email: Contact@HallinanLawFirm.com
🌐 Visit: HallinanLawFirm.com