Your Rights During an Arrest: What Everyone Should Know

Published 2026-02-22

Understanding your rights during an arrest is one of the most important pieces of knowledge any citizen can have. Whether the arrest happens to you or someone you love, knowing what law enforcement can and cannot do — and what rights the arrested person retains — can make a significant difference in the outcome of the case. This guide covers the fundamental rights that apply during and after an arrest in California.

The Right to Remain Silent

The Fifth Amendment to the U.S. Constitution protects every person from being compelled to incriminate themselves. This means you have the absolute right to remain silent during and after an arrest. You do not have to answer questions about the alleged offense, explain your actions, or provide a statement to police. Anything you say can and will be used against you in court — this isn't just a line from TV shows, it's a legal reality with serious consequences.

The best practice during an arrest is to clearly state: "I am exercising my right to remain silent. I want to speak with an attorney." Then stop talking. Be polite and cooperative in terms of following physical instructions (standing up, placing hands behind your back, etc.), but do not answer questions about the incident. Even seemingly innocent statements can be taken out of context and used against you later.

The Right to an Attorney

The Sixth Amendment guarantees the right to legal counsel. If you cannot afford an attorney, one will be appointed for you (a public defender). Once you request an attorney, law enforcement must stop questioning you until your attorney is present. This right applies at every stage of the criminal process — from interrogation through trial.

If possible, the family should begin looking for a criminal defense attorney as soon as they learn about the arrest. While public defenders provide essential services, they often carry heavy caseloads that limit the time they can devote to individual cases. A private attorney who specializes in the relevant type of charge can provide more focused representation.

The Right to Bail

The Eighth Amendment prohibits excessive bail, and the California Constitution specifically provides that most criminal defendants have a right to bail. This means that in most cases, a judge must set bail at an amount that is reasonable given the circumstances — not as punishment, but as a mechanism to ensure the defendant appears in court. There are limited exceptions for capital offenses and certain violent felonies where a judge determines that no amount of bail would ensure public safety.

If bail has been set, Bright Bail Bonds can help you secure your loved one's release quickly. Our agents are available 24/7 and can begin the bail process immediately. Call 888-546-9733 for immediate assistance.

The Right Against Unreasonable Search and Seizure

The Fourth Amendment protects against unreasonable searches and seizures. In most cases, police need a warrant to search your home, vehicle, or personal belongings. However, there are important exceptions — including searches incident to arrest, searches based on probable cause, consent searches, and plain view doctrine. If you believe an illegal search occurred during your arrest, do not resist physically — instead, clearly state that you do not consent to the search and raise the issue with your attorney later.

The Right to Know the Charges

You have the right to be informed of the charges against you. At booking, you should be told what you're being charged with. At arraignment — your first court appearance — the charges will be formally read and you'll have the opportunity to enter a plea. Understanding the specific charges is essential for mounting an effective defense and making informed decisions about bail and legal representation.

The Right to a Phone Call

In California, arrested persons have the right to make phone calls within a reasonable time after being booked. California Penal Code Section 851.5 guarantees at least three completed phone calls — to an attorney, a bail bond agent, and a family member or friend. These calls must be provided free of charge for local calls. Use these calls wisely: contact a bail bond company, a family member who can help coordinate your release, and an attorney if possible.

What to Remember

The most important things to remember during an arrest: stay calm, be polite and cooperative with physical instructions, clearly invoke your right to remain silent and your right to an attorney, do not consent to searches, do not resist physically even if you believe the arrest is unjust, and contact a bail bond company and attorney as soon as possible. Your defense begins the moment you're arrested — and protecting your rights from the start gives you the best chance at a favorable outcome.

Source: Bright Bail Bonds — protecting your rights and providing fast bail assistance in Southern California. Available 24/7 at 888-546-9733.