By Kenneth H. Lewis, Los Angeles Criminal Defense Attorney | Last reviewed: September 2026
A late-night call from a county jail, or the sight of a relative being led to a patrol car, leaves families with the same questions: Where did they take him? Can I talk to her? Is there bail, and how much? How long will this take?
California law answers more of those questions than most people realize. It sets a deadline for phone calls, a deadline for seeing a judge, and a framework for release that has changed significantly in recent years, especially in Los Angeles County. Here is what actually happens, roughly in order.
The First Day at a Glance
| When | What usually happens | The rule behind it |
| Arrest | Search, transport to a station or county jail, Miranda warnings before questioning | Miranda v. Arizona |
| First 1–6 hours | Booking: identity, fingerprints, photo, property inventory, warrant check; DNA swab for felony arrests | Penal Code § 296 |
| Within 3 hours of arrest | At least three free local phone calls (five for custodial parents) | Penal Code § 851.5 |
| Hours 2–12 | Release decision: citation, $0 release, scheduled bail, or hold for a judge | Penal Code §§ 853.6, 1269b |
| Within 48 hours (excl. Sundays and holidays) | Arraignment, or release if no complaint is filed | Penal Code § 825 |
Booking: What Happens at the Station or County Jail
Police don’t “charge” anyone with a crime. Officers arrest and book a person on suspected offenses, and the district attorney or city attorney later decides what, if anything, to file. That distinction matters, because the booking charge often differs from what ends up in the complaint, and sometimes nothing is filed at all.
Booking itself is administrative. Staff record identifying information, take fingerprints and a booking photo, inventory and hold personal property, and run the person through state and national databases for warrants, holds, and prior records. Most jails also do a brief medical and mental-health screening. For any felony arrest, California law requires a DNA sample, usually a cheek swab, under Penal Code § 296, even before charges are filed.
How long booking takes depends heavily on the facility and the hour. At a small city station on a quiet weeknight, it can be under two hours. At a large central jail on a Friday night, six hours or more is not unusual.
The Right to Stay Silent Starts Before Booking Ends
Officers often keep asking questions during transport and booking, sometimes casually. Under Miranda v. Arizona, a person in custody must be warned before interrogation, and can stop questioning by clearly asking for a lawyer or saying they want to remain silent. Anything said in the back of a patrol car or at the booking counter can still end up in a police report. Invoking that right is not an admission of anything; this site’s explainer on whether pleading the Fifth makes you look guilty covers why.
How Many Phone Calls Do You Get After an Arrest in California?
At least three, not one. Penal Code § 851.5 requires that an arrested person be allowed to make three completed calls immediately upon booking and, except where physically impossible, no later than three hours after arrest. Calls within the local calling area are free. A custodial parent gets two additional calls to arrange care for minor children.
The three calls can go to an attorney, a bail agent, and a relative or other person. The statute says the call to an attorney may not be monitored, eavesdropped on, or recorded. Every other jail call should be treated as recorded, because in practice it is, and prosecutors routinely listen to those recordings.
The practical advice is simple: use the calls to tell someone where you are, ask them to contact a lawyer, and share any urgent logistics like childcare or medication. Don’t discuss what happened, even with family.
Release Before Seeing a Judge: Citations, Zero Bail, and the Bail Schedule
This is where California practice has changed the most, and where older articles tend to be wrong.
Cite and release. For many misdemeanors, officers can release a person with a written promise to appear under Penal Code § 853.6, sometimes without a full booking.
Los Angeles County’s pre-arraignment protocols. Since October 2023, the Los Angeles Superior Court’s bail schedules have included Pre-Arraignment Release Protocols, which remain in the court’s 2026 misdemeanor and 2026 felony schedules. Offenses are sorted into tiers. For “cite and release” and “book and release” offenses, most arrestees are released on $0 bail with a promise to appear, unless an exception applies. Others are referred to a magistrate, who decides release conditions based on risk to public safety. People arrested for serious or violent felonies can still post money bail under the schedule.
Traditional bail schedules. Every county’s superior court adopts a countywide bail schedule under Penal Code § 1269b. Outside Los Angeles, many arrestees can still post the scheduled amount at the jail without waiting for a judge. Counties differ, so the schedule for the county where the arrest happened is the one that matters.
Release without charges. If officers or prosecutors conclude there aren’t grounds for a criminal complaint, the person can be released under Penal Code § 849(b). A release like that doesn’t guarantee charges won’t be filed later.
If Bail Is Set: What Families Should Know Before Paying
There are two basic ways to post bail: pay the full amount to the court (refunded at the end of the case if every court date is kept) or buy a bail bond. A bail bond is a surety bond regulated by the California Department of Insurance. The department notes that the cost is most commonly ten percent of the bond amount, and that surety companies must file their rates with the state. That premium is not refunded, even if the case is dismissed. Co-signers also typically agree to pay the full bail if the defendant fails to appear, and larger bonds may require collateral such as a lien on a house.
Before signing anything, it’s worth checking that the agent is licensed through the Department of Insurance, which also publishes tips on avoiding bail scams. Reading how an agency explains its premiums, payment plans, and co-signer obligations helps too; Balboa Bail Bonds, for example, publishes that information for the California counties it serves. For a broader primer on how bonds and collateral work, see Bail Bonds Explained.
One point families often miss: paying a bail bond premium on the first night is not always the best move. Bail is only one option. At arraignment, a judge can lower bail or order release on the person’s own recognizance, and in Los Angeles a large share of arrestees are released without bail anyway. Talking to a defense lawyer first can sometimes save thousands of dollars that would never come back.
When a judge does set bail, the amount isn’t supposed to depend on what the family can afford to borrow. In In re Humphrey (2021), the California Supreme Court held that courts must consider a person’s ability to pay, and may not keep someone in custody solely because they can’t afford bail. Detention is allowed only when no less restrictive condition can protect public or victim safety or ensure a return to court. Under Penal Code § 1275, public safety is the primary consideration.
How Long Can You Be Held Before Seeing a Judge?
Two separate 48-hour rules apply. Under Penal Code § 825, a person in custody must be taken before a magistrate without unnecessary delay and within 48 hours of arrest, excluding Sundays and holidays. If the deadline falls when court isn’t in session, it extends to the next court session. Separately, the U.S. Supreme Court held in County of Riverside v. McLaughlin that a judicial officer must review probable cause for a warrantless arrest within 48 hours, weekends included. That review usually happens on paper, based on the officer’s declaration, without the arrestee present.
Here’s what that means in practice. Someone arrested at 8 p.m. on a Friday and not released could reach the end of the 48-hour window only on Monday evening, since Sunday doesn’t count. With court closed by then, arraignment could be Tuesday. If Monday is a court holiday, it can slide further. Meanwhile, if prosecutors don’t file a complaint within that window, the person must be released.
At arraignment, the charges are formally read, the person is advised of their rights, a lawyer is appointed if they can’t afford one, a plea is usually entered, and the judge revisits custody: bail can be lowered, raised, or replaced with own-recognizance release under Penal Code § 1270 and § 1318.
An Arrest Is Not a Conviction: A Case That Ended at the Preliminary Hearing
The charge on a booking sheet is an accusation, not a verdict, and early defense work can change where a case goes. In one of Kenneth H. Lewis’s published results, a client was charged with assault by means of force likely to produce great bodily injury, a felony under Penal Code § 245(a)(4). The charge was dismissed at the preliminary hearing. The prosecution then appealed to have it reinstated, and the dismissal was upheld on appeal, ending the case. The result is listed on the firm’s case results page.
That outcome began with decisions made well before any hearing: what the client said, and didn’t say, after the arrest, and how quickly the evidence was examined. The first 24 hours rarely decide a case, but they can make it harder or easier to defend.
Prior results do not guarantee a similar outcome. Every case depends on its own facts.
What Family Members Can Do Right Now
- Find the person. Most sheriff’s departments have an online inmate locator. You’ll usually need a full name and date of birth; the booking number helps with everything that follows.
- Check the release status and charge. Ask whether the offense is cite-and-release, eligible for $0 release, referred to a magistrate, or subject to scheduled bail.
- Talk to a defense lawyer before paying a bondsman. Especially in Los Angeles County, release may happen without bail, or bail may be reduced at arraignment.
- Keep phone conversations short and logistical. Every call except the one to an attorney is recorded.
- Bring medication details and a contact for childcare or work. Jails can verify prescriptions, and employers and schools may need to hear from someone.
Frequently Asked Questions
How long does booking take in California?
Usually two to six hours, sometimes longer at large county jails on weekend nights. Release, if it happens, comes after booking is complete.
How many phone calls do you get when arrested in California?
At least three completed calls, free within the local calling area, no later than three hours after arrest. Custodial parents get two more to arrange childcare.
How long can you be held without charges in California?
Generally 48 hours, excluding Sundays and holidays, before you must be arraigned. If prosecutors don’t file a complaint in that time, you must be released, although charges can still be filed later.
Is there still zero bail in Los Angeles?
For many offenses, yes. The Los Angeles Superior Court’s 2026 bail schedules keep the pre-arraignment release protocols in place, releasing most people arrested for listed misdemeanors and non-serious felonies on $0 bail unless an exception applies. Serious and violent felonies are handled differently.
Do you get the bail bond fee back if the case is dropped?
No. The premium you pay to a bail agent, typically 10% of the bail, is not refunded. Cash bail paid directly to the court is returned after the case ends if the defendant kept all court dates, minus any fines or fees the court applies.
Can a judge lower bail at the first court appearance?
Yes. At arraignment, the judge can reduce bail, raise it, or release the person on their own recognizance, and must consider ability to pay when setting any money bail.
Disclaimer
This article provides general information about arrest and pretrial procedure in California and is not legal advice. Reading it does not create an attorney-client relationship. Bail schedules and release protocols differ by county and change periodically, and the right course of action depends on the specific facts. If you or a family member has been arrested, speak with a licensed California criminal defense attorney.