To be accused of a crime can feel overwhelming, but what you do in the first hours after being arrested in Orange County will shape the outcome of your case.
Whether the charge is minor or serious, you have constitutional rights designed to protect you — if you know how to use them. The key is to invoke rights, ask for a lawyer, and avoid mistakes that can weaken your defense. Here’s what every Orange County resident should know.
When police detain you, they may try to continue questioning you even after reading you your Miranda rights. If this happens, you have the right to ask for a lawyer. In fact, doing so will stop police questioning. Your safest move is to remain silent and clearly say you want an attorney.
Any conversation you have on recorded jail calls can be used against you, so keep case talk off the phones. Also, understand the timeline: depending on the date of your arrest, there may be weekend/holiday delays between bail vs. arraignment.
Ahead of your first court appearance, you must decide on which legal counsel to retain (i.e., public defender vs private attorney). You’ll be assigned a public defender if you can’t afford a private attorney. However, consulting with a local criminal defense lawyer early on — many offer a free consultation — gives you a stronger chance of building a defense strategy before court.
THE SCRIPT THAT STOPS QUESTIONING
The police may try to get you to talk without a lawyer present. The way you respond matters. The exact words to say in this situation, so as not to leave any doubt, are: “I want a lawyer. I am invoking my right to remain silent.” This type of clear request for counsel means questioning must stop.
Do not be fearful of using unambiguous language; anything less may not protect you. Simply staying quiet isn’t enough — the law requires you to explicitly state your choice.
Along with your right to remain silent, you also have the right to ask if you are being detained. Do your best to remain calm, and speak clearly: “Am I being detained, or am I free to go?” An officer is required to answer whether you are, so ask. If the answer is yes, walk away. If the answer is no, then you are being held and your rights apply.
Remember, do not consent to searches — officers often ask in hopes you’ll waive this protection. Knowing this short script gives you the power to stop interrogation and avoid self-incrimination.
FROM HOLDING CELL TO FIRST COURT DATE
After an arrest, you’ll go through booking, where officers record your information and take fingerprints.
Next comes the question of release. Understanding bail basics and arraignment timing is critical; some charges allow quick release, but others require waiting for an arraignment — especially during weekend holds or holidays. Until then, avoid discussing your case on jail phones. Law enforcement monitors calls, and no case talk on phones protects your defense.
Use this time wisely: call a trusted contact to help coordinate with family and to gather attorney options. Whether you retain a lawyer or rely on a public defender, securing representation before your first court date makes all the difference.
Many defendants turn to respected local attorneys, such as David A. Stein, known for guiding clients through Orange County’s courts. The sooner you retain counsel, the sooner you’ll have an advocate pushing for reduced bail, dismissal opportunities, or favorable plea deals.
Final Word: Getting arrested in Orange County doesn’t mean losing control. By knowing your rights, using the right words, and acting quickly to secure legal representation, you protect your future and ensure your case starts on the strongest footing possible.
