Just Arrested in Los Angeles? Read This First | Law Office of Zak Fisher

If you or someone close to you has just been arrested or cited in Los Angeles County, read this page first. The decisions you make in the next 24 hours can affect the entire trajectory of the case.

1. Stay silent

You have a Fifth Amendment right not to answer questions about the alleged offense. Invoke it. Politely and clearly say something like: “I’m going to remain silent and I want a lawyer.” Then stop talking.

Officers are trained to elicit statements at the scene, during transport, and during booking. Friendly small talk is not safe. Apologies, explanations, and attempts to “clear things up” are evidence and will be used against you. Even denials can hurt — they create timelines and statements that prosecutors will scrutinize.

You can be polite. You should be polite. But say nothing about the facts of the alleged offense.

2. Find your citation, charging document, or release paperwork

When you are released — whether on citation, bail, or own-recognizance — you will receive paperwork that includes:

• The charge or charges (cited by Penal Code, Vehicle Code, or Health & Safety Code section).
• The arresting agency (LAPD, LASD, BHPD, SMPD, CHP, etc.).
• The court date.
• The courthouse and (sometimes) department.

Keep this paperwork. Take a clear photo of every page. Note the date and courthouse on your phone calendar.

3. Do not contact the alleged victim

In domestic violence, criminal threats, stalking, and related cases, contacting the alleged victim — directly, through a friend, or on social media — can result in additional charges and protective orders. Many cases include a “stay away” order issued at booking or arraignment. Violating that order is a separate crime.

Wait until you have spoken to an attorney before any communication with anyone connected to the alleged incident.

4. Preserve evidence

Anything that could support your defense — or contradict the police narrative — should be preserved immediately:

• Text messages, emails, and DMs from the day of the incident.
• Photos and video on your phone or shared devices.
• Receipts, GPS history, ride-share records, or other location evidence.
• Names and contact information of witnesses.
• Surveillance footage from nearby businesses (which may overwrite within days — flagging it early matters).

Do not edit, delete, or alter any of this evidence. Back it up to cloud storage if you can.

5. Do not post about the incident on social media

Posts, comments, and stories about the arrest — including denials, expressions of frustration, or “joke” references — can be discovered, screenshotted, and used as evidence. Lock your accounts down to friends-only or set them to private. Do not post about it.

6. Book a consultation with a criminal defense attorney

The sooner counsel is involved, the more options remain. Early defense work can include:

• Pre-filing intervention with the police agency or filing prosecutor.
• Identifying and preserving body-worn camera footage, dispatch audio, and surveillance footage before it expires.
• Identifying diversion eligibility (PC 1001.95, 1001.36, 1001.80) early.
• Negotiating with the prosecutor before formal charges are filed.

The Law Office of Zak Fisher offers a free 20-minute consultation to anyone facing a pending criminal charge in Los Angeles County. There is no obligation to retain.

What happens next

1. Filing decision. The arresting agency refers the case to a prosecutor’s office. The prosecutor reviews the report and decides whether to file charges, what to charge, and where to file. This can take days or weeks.
2. Arraignment. The court formally advises you of the charges and you enter a plea (typically not guilty). Bail and release conditions are addressed.
3. Pretrial conference. Defense counsel and the prosecution discuss discovery, motions, plea offers, and potential resolutions.
4. Pretrial motions. Motions to suppress evidence (PC 1538.5), Pitchess motions for officer records, and other pretrial motions are filed and heard.
5. Trial setting. If the case is not resolved, it is set for trial — bench trial (judge only) or jury trial.