Being arrested in San Francisco is stressful, confusing, and often frightening—especially if it is your first time dealing with the criminal justice system. In those first few hours and days, the decisions you make can significantly affect the outcome of your case.
This guide explains exactly what to do after an arrest in San Francisco, what rights you have, what mistakes to avoid, and how a criminal defense lawyer can help protect your freedom, record, and future.
Page Contents
Understanding What an Arrest Means in San Francisco
An arrest does not mean you are guilty. It means law enforcement believes there is probable cause that a crime may have occurred. Guilt is determined later—by a judge or jury—not at the time of arrest.
After an arrest, your case will typically move through the San Francisco Superior Court system, and depending on the charge, you may also face administrative actions (such as DMV penalties in DUI cases).
Step 1: Stay Calm and Do Not Resist Arrest
Resisting arrest—physically or verbally—can lead to additional charges, even if the original arrest was questionable.
What you should do:
- Stay calm
- Follow basic instructions
- Do not argue on the scene
- Do not attempt to explain yourself
Anything you say can be recorded and used later.
Step 2: Exercise Your Right to Remain Silent
One of the most important things to do after an arrest is stop talking.
You have the constitutional right to remain silent. Use it clearly and respectfully.
Say:
“I am exercising my right to remain silent and I would like to speak with an attorney.”
Do not:
- Explain your side of the story
- Apologize
- Admit anything
- Answer “casual” questions
Silence cannot be used against you. Talking can.
Step 3: Do Not Consent to Searches
Police may ask for permission to search your:
- Phone
- Vehicle
- Home
- Personal belongings
You are not required to consent.
Say:
“I do not consent to any searches.”
If officers search anyway, your attorney can later challenge whether the search was lawful.
Step 4: Understand the Booking Process
After an arrest in San Francisco, you may be taken to a police station or county jail for booking. This typically includes:
- Fingerprinting
- Photograph (mugshot)
- Personal information collection
- Property inventory
Booking does not mean charges are final. Prosecutors still review the case.
Step 5: Bail, Release, or Custody
After booking, one of the following usually happens:
Release on Citation
For minor offenses, you may be released with a court date.
Bail
Bail may be required depending on the charge. Bail amounts are set by county schedules or judges.
Custody Until Arraignment
For serious charges, you may remain in custody until court.
A criminal defense lawyer can often help secure:
- Lower bail
- Release on own recognizance
- Faster release conditions
Step 6: Contact a San Francisco Criminal Defense Lawyer Immediately
The sooner you involve a lawyer, the better your chances of a favorable outcome.
An experienced San Francisco criminal defense attorney can:
- Stop police questioning
- Preserve evidence
- Identify legal violations
- Communicate with prosecutors
- Prepare for arraignment
- Protect your rights from day one
Waiting can cost you opportunities to challenge the case early.
Step 7: Prepare for Your Arraignment
Your arraignment is your first court appearance. In San Francisco, this usually takes place at the Hall of Justice on Bryant Street.
At arraignment:
- Charges are formally read
- You enter a plea
- Bail may be reviewed
- Future court dates are scheduled
Do not attend arraignment without legal advice if possible. What happens here sets the tone for your case.
Common Mistakes People Make After an Arrest
Avoid these mistakes at all costs:
- Talking to police without a lawyer
- Discussing the case with friends or family
- Posting about the arrest on social media
- Contacting alleged victims or witnesses
- Missing court dates
- Assuming the case will “go away”
Even small mistakes can seriously damage your defense.
Your Legal Rights After an Arrest in California
After an arrest, you still have important rights, including:
- The right to remain silent
- The right to an attorney
- The right to a fair bail hearing
- The right to challenge unlawful searches
- The right to due process
Knowing and asserting these rights is critical.
How a Criminal Defense Lawyer Helps After an Arrest
A skilled attorney can:
- Review police reports for errors
- Identify illegal stops or searches
- Suppress unlawfully obtained evidence
- Negotiate charge reductions
- Seek dismissals where possible
- Guide you through every court stage
Many cases are won or lost in the early stages—before trial ever happens.
What Happens Next in the Criminal Case Process
After arraignment, your case may involve:
- Pretrial hearings
- Motions to dismiss or suppress evidence
- Negotiations with prosecutors
- Trial (if necessary)
Not every case goes to trial. Many are resolved through strategic legal action early on.
Can Charges Be Reduced or Dismissed?
Yes. Depending on the facts, charges may be:
- Reduced
- Dismissed
- Resolved through diversion or alternative programs
Strong defenses often come from:
- Lack of probable cause
- Illegal searches
- Weak evidence
- Inconsistent witness statements
- Police procedure errors
Conclusion: What You Do After an Arrest Matters
An arrest in San Francisco is serious—but it is not the end. What you do immediately afterward can shape the outcome of your case.
Remain silent.
Protect your rights.
Avoid mistakes.
Contact a qualified criminal defense lawyer as soon as possible.
Early legal guidance can make the difference between dismissal, reduction, or conviction.
Speak With a San Francisco Criminal Defense Lawyer
If you or a loved one has been arrested in San Francisco and needs guidance:
📞 Call Hallinan Law Firm: (415) 837-3449
⚖️ Experienced Criminal Defense Representation in San Francisco