Arrested for the First Time in California? Here’s What to Do
Key Takeaways
Arrested for the first time in California
- In the first 5 minutes after arrest: invoke your rights out loud — “I want a lawyer” and “I don’t want to answer questions.” Silence alone is not protected after Salinas v. Texas (2013).
- In Alameda County, most first-time arrests are booked at Santa Rita Jail in Dublin, the North County Jail in Oakland, or the OPD lockup on 7th Street. Bail is set by the Alameda County bail schedule — most first-time misdemeanors qualify for own-recognizance (OR) release.
- Arraignment happens within 48 hours (72 for weekend arrests) at the Wiley W. Manuel Courthouse (misdemeanor) or René C. Davidson Courthouse (felony) in downtown Oakland.
- First-time offenders in Alameda County are frequently eligible for diversion programs: PC 1000 for drug cases, PC 1001.36 for mental-health cases, and various neighborhood-court diversions that result in dismissal.
- The single highest-leverage action a first-time defendant can take: get counsel before the arraignment. Many cases are shaped in the DA’s charging decision, which happens in the 48 hours between arrest and first appearance.
If you’re being arrested for the first time in Oakland, Berkeley, or anywhere in Alameda County, this may be the highest-stakes 72 hours of your adult life. The good news: Alameda County has some of the best diversion and first-offender programs in California, and most first-time cases resolve without a conviction if handled correctly. The bad news: the choices made in the first 48 hours — what you say to police, whether you have counsel at arraignment, whether you accept an early plea — often permanently shape the outcome. This guide walks through exactly what to do, in order.
Morris Law is an East Bay criminal defense firm serving Alameda County. Seth Morris was a Deputy Public Defender in the Alameda County courtrooms where first-time cases are arraigned.
Minute 0-5: At the Scene
Invoke your rights out loud
Say clearly: “I am invoking my Fifth Amendment right to remain silent and my Sixth Amendment right to counsel.” Do not explain, argue, or answer questions. Under Salinas v. Texas (2013), silence alone can be used against you — you must affirmatively invoke.
Do not consent to searches
Say: “I do not consent to any search.” Officers may search anyway (incident to arrest, inventory, exigent circumstances), but your non-consent preserves suppression arguments for later.
Do not resist
Even if the arrest is unlawful, resistance adds independent charges (PC 148 resisting arrest, PC 69 obstruction, PC 243(b) battery on a peace officer). Comply physically, litigate the legality later.
Remember details
Officer names, badge numbers, patrol car numbers, exact location, exact time, exact words said by officers, witnesses present. Write these down as soon as you can — they will drive any suppression or bias defense.
Hour 1-3: Transport and Booking
Where you’ll be taken
OPD arrests are typically booked at the OPD lockup on 7th Street or transferred to Santa Rita Jail in Dublin (the Alameda County Sheriff’s main custody facility). Berkeley PD arrests are booked at Berkeley PD or Santa Rita. CHP arrests are usually booked at Santa Rita. Alameda County Sheriff’s arrests go straight to Santa Rita.
Booking process
You’ll be searched, photographed, fingerprinted, given a booking number, and asked biographical questions (name, DOB, address, employment). Booking questions are not Miranda-protected — answer them truthfully but do not volunteer additional information.
Your one phone call
Alameda County follows PC 851.5 — you’re entitled to three completed phone calls within three hours of booking. Use them to: (1) call an attorney, (2) call a family member who can bail you out, (3) call your employer if you’ll miss a shift.
Hour 3-48: Bail and Custody Decision
Alameda County bail schedule
For most misdemeanors, the Alameda County bail schedule allows bail from $500 to $10,000. Many first-time misdemeanors qualify for release on Own Recognizance (OR) after a review by an on-duty judge or Pretrial Services officer. Felony bail typically runs $10,000-$100,000+.
Bail bond process
You pay a bail bondsman 8-10% of the bail amount (non-refundable). Common Alameda County bail bond companies: 24-hour operations near Santa Rita and Wiley Manuel. A responsible party may have to co-sign and put up collateral.
OR release factors
The court considers: employment stability, family in the area, no priors, seriousness of charge, and ties to the community. Alameda County Pretrial Services conducts risk assessments and makes recommendations to the arraignment judge.
Hour 48-72: The Arraignment
What arraignment is
The formal reading of charges, informing you of your rights, entry of a plea (typically “not guilty”), and setting of future court dates. It’s not the trial — it’s the case’s opening ceremony.
Where in Alameda County
Misdemeanor arraignments happen at the Wiley W. Manuel Courthouse (661 Washington Street, Oakland). Felony arraignments happen at the René C. Davidson Courthouse (1225 Fallon Street, Oakland). Court starts at 9:00 AM most weekdays.
What happens if you don’t have an attorney
The judge will offer to appoint the Alameda County Public Defender if you qualify financially. Alameda County has an excellent Public Defender’s office. Alternatively, you can request a continuance to hire private counsel — this is almost always granted.
What to Do Before Arraignment
Hire counsel or arrange representation
The single highest-leverage action in a first-time case is getting counsel before arraignment. An experienced Alameda County defense attorney can often negotiate with the DA at the charging stage, potentially reducing filings from felony to misdemeanor, or from a chargeable offense to a citation.
Do NOT talk to detectives who reach out
After bail-out, some investigating detectives will call you or your family to “clear things up.” Do not talk to them without counsel. Anything you say is admissible.
Preserve evidence
Photos, videos, text messages, phone records, receipts, GPS location data — anything that supports your version of events. If a police-body-camera video shows a favorable interaction, request its preservation through counsel.
Alameda County Diversion Programs
PC 1000 pretrial drug diversion
Available for first-time non-violent drug possession cases. Complete a drug program (18 months typical), stay clean, and the case is dismissed. No conviction ever attaches. Widely available in Alameda County for possession-only cases.
PC 1001.36 mental health diversion
Available for first-time misdemeanors and many felonies when the defendant has a diagnosed mental health condition contributing to the offense. Complete treatment for 2 years, and the case is dismissed. Alameda County has robust mental-health-court infrastructure.
PC 1001.95 judicial diversion
Available for many misdemeanors regardless of the defendant’s history. The judge places the case on hold for up to 24 months while the defendant completes court-ordered conditions. Case dismissal upon completion.
Neighborhood restorative justice
Alameda County offers restorative-justice options for low-level offenses in Oakland and Berkeley — victim-offender mediation, community service, and community-based accountability programs. Often the best outcome for first-time property offenses.
Common First-Time Arrest Mistakes
- Talking to police at the scene. “Explaining what happened” almost always makes cases worse.
- Consenting to searches. Whatever is found becomes admissible evidence.
- Appearing at arraignment without counsel. Missing the DA-negotiation window costs cases.
- Accepting the first plea offer. Alameda County DAs routinely offer higher-severity charges initially, expecting negotiation.
- Missing court dates. Bench warrants and additional charges follow.
- Talking about the case on social media, in text messages, or with friends. Every text is subpoenable; every social media post is admissible.
Frequently Asked Questions
Where will I be booked after arrest in Alameda County?
Most Alameda County arrests are booked at Santa Rita Jail in Dublin (the county’s main custody facility), the North County Jail in Oakland, or at OPD’s 7th Street lockup for short-term holds. Berkeley PD holds occur at their 2100 Martin Luther King Jr. Way facility.
How long can I be held before arraignment?
Under California law, arraignment must occur within 48 hours of arrest, excluding weekends and holidays. Weekend arrests can extend up to 72 hours before arraignment.
Do I have to answer any questions from police?
Only biographical booking questions (name, DOB, address). All substantive questioning is voluntary — you have the right to remain silent. Under Salinas v. Texas (2013), you must affirmatively invoke your rights, not just stay quiet.
Can I get released on my own recognizance in Alameda County?
Yes, for many first-time misdemeanors. Alameda County Pretrial Services conducts risk assessments and makes OR recommendations to arraignment judges. Employment, community ties, no priors, and non-violent charges all favor OR release.
Should I take the first plea offer from the DA?
Almost never. Alameda County DDAs often offer higher-severity charges at first appearance, expecting negotiation. A brief continuance to review evidence with defense counsel usually improves the offer significantly.
Can a first-time arrest be expunged in California?
Yes, if the case ends in a conviction and you successfully complete probation. PC 1203.4 dismissal is available. But the best outcome for a first-time case is diversion (PC 1000, PC 1001.36, or PC 1001.95) that avoids conviction entirely — no expungement needed because there’s no conviction to expunge.
How much does a first-time defense attorney cost in Oakland?
First-time misdemeanor defense in Alameda County typically runs $2,500-$8,000 flat fee. Felony defense runs $10,000-$50,000+ depending on complexity. The Alameda County Public Defender is free for qualifying defendants.
What happens if I miss my arraignment?
A bench warrant issues for your arrest, and PC 1320.5 (failure to appear) is charged as a separate misdemeanor. If you were on bail, the bail is forfeited. Missing arraignment almost always makes cases significantly worse.
Talk to an East Bay Criminal Defense Attorney Today
The window between arrest and arraignment is when first-time cases are shaped. Morris Law’s East Bay offices — Oakland (2744 E 11th Street · (510) 824-8831) and Berkeley (2025 Rose Street, Suite 200 · (510) 225-9955) — handle first-time arrests 24/7. If you or a loved one has been arrested, call (510) 330-0814 immediately.
Related East Bay Resources
- East Bay Misdemeanor Defense
- East Bay Felony Defense
- Oakland Criminal Defense
- Berkeley Criminal Defense
- Miranda Rights
- Can Police Search Your Phone During an Arrest?
