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If you’ve been arrested in Los Angeles, what you do next could impact your entire future. One wrong move can hurt your defense strategy—even before your case reaches a courtroom.
The legal system in Los Angeles is complex and intricate. Police officers, court rules, and the District Attorney’s office all work together to build a case against you. That’s why it’s so important to know what not to do.
At William S. Kroger Criminal Defense Attorney at Law, our experienced criminal defense attorneys help people avoid costly mistakes after an arrest. We know how law enforcement works, and we protect your rights at every step—from the moment you’re in custody to your final court date.
We will walk you through the top mistakes people make after an arrest in Los Angeles. Avoiding these errors can significantly increase your case's chances and help you avoid harsh legal penalties.
Mistake #1 – Talking to Police Without an Attorney Present
After you’re arrested, you may feel scared or confused. However, one of the worst things you can do is speak with police officers without having a lawyer present. Even if you believe you're innocent or “just explaining,” your words can be used against you.
Why Staying Silent Is Crucial
You have the right to remain silent. This is part of your Miranda rights. You don’t have to answer questions from police or detectives. And you should not. Anything you say can hurt you later—even if it seems harmless.
When you speak without legal advice, you might give details that make your case worse. You may also be pressured into saying things you don’t fully understand. Officers are trained in interrogation. You are not.
Instead, clearly say, “I am using my Fifth Amendment right. I want to speak to my lawyer.” Then stay silent until your criminal defense attorney is with you.
How Statements Can Be Used Against You
If you “try to explain” what happened, the police will add that to their police report. Prosecutors can then use your words in court, even if you misspoke or were stressed.
Even small things, like admitting you were near the scene, can be twisted. The law does not require you to prove your innocence. It’s the job of law enforcement to prove you committed a criminal offense.
Statements made without a lawyer may also affect your arraignment hearing, pretrial services, or risk assessment tool evaluation. This could increase your bail or impact your bail conditions.
Your words may also block better plea options later. Don’t give up your best defense early. Wait for your Los Angeles criminal defense attorney to guide you through the process.
Mistake #2 – Consenting to Searches Without a Warrant
When you're arrested, police may try to search your car, home, or phone. But you don’t always have to say yes. Allowing a search without a warrant can seriously damage your case.
Understanding Search and Seizure Laws in California
Under the Fourth Amendment, you have the right to say no to a search unless police have a valid warrant or meet legal exceptions. Without your consent, officers may need reasonable suspicion, a warrant, or probable cause.
If you give permission, even without realizing it, you may give up protections under California Penal Code Section 148(a) or related laws. This can lead to evidence being used against you, whether it’s drug paraphernalia, Schedule I drugs, or your digital footprint.
Stay calm and polite. But say clearly: “I do not consent to a search.” Then ask to speak with your legal counsel.
When You Can Legally Refuse a Search
If police don’t have a warrant, and you're not on probation with a search condition, you can say no. This includes searches of your car, home, or electronic devices.
This protects you from illegal seizures, especially if police are looking for evidence of a drug crime, controlled substance, or even blood test results linked to drug-impaired driving. Officers may not follow proper police procedures.
By refusing, you give your criminal defense attorney a chance to challenge any evidence gathered later. Don’t waive your rights just to appear cooperative.
Mistake #3 – Posting on Social Media About Your Arrest
Many people feel compelled to post on social media platforms after being arrested; however, this is a big mistake.
Prosecutors and police review your digital footprint. Anything you post—including photos, comments, or even location tags—can be used as social media evidence. This includes statements about the arrest, your charges, or how you feel about the police.
Even deleted posts can be recovered. These posts might violate court orders, harm your defense strategy, or contradict your testimony later.
Avoid posting altogether. Don’t tag locations or events. Ask family and friends not to post about you either. Speak to a Los Angeles criminal defense attorney before saying anything online.
Online content is rarely private. Even a simple comment can lead to claims of obstruction of justice, show a lack of remorse, or violate your bail conditions or restraining order.
Your best option is silence, online and offline. Let your legal counsel speak for you.
Mistake #4 – Not Hiring a Criminal Defense Attorney Immediately
After an arrest, time matters. Waiting too long to hire a criminal defense attorney can exacerbate the situation. You may miss important legal deadlines or make damaging decisions on your own.
A skilled Los Angeles criminal defense attorney, such as William S. Kroger, can help protect your rights from the outset. From the arraignment process to trial, early guidance makes a difference.
Public defenders are often overloaded. While some are dedicated, they may not have the time to give your case the full attention it deserves. If you rely on a public defender, you might miss chances for plea deals, a Bail reduction hearing, or evidence challenges.
By hiring your own attorney early, you gain control over your case. Your lawyer can review chemical test results, challenge Witness testimony, and inspect police protocols. They can also fight arrest warrants, push for dismissal of criminal charges, and keep your criminal record clean.
William S. Kroger’s team understands Los Angeles County Courthouses, local court rules, and how to handle cases involving Proposition 64, Vehicle Code Section 23152(b), or Schedule II drugs.
Don’t wait until it’s too late. Get a case consultation as soon as possible.
Mistake #5 – Ignoring Court Dates or Failing to Comply with Bail Conditions
Missing a court appearance or breaking a bail rule isn’t just risky—it’s illegal. The judge may issue a bench warrant, raise your bail, or deny release altogether. These actions can result in additional criminal charges and increased jail time.
How Missed Court Appearances Lead to Warrants
If you miss your court date, the court may issue a bench warrant for your arrest. Police can arrest you again, often without warning. You might also lose the money posted through a bail bond company.
Judges see no-shows as disrespectful. This can harm your chances of a favorable outcome, delay your case, and preclude future plea deals. You could also face penalties for obstruction of justice or violating court procedures.
Always know your Court dates. If something urgent comes up, your attorney can ask for a reschedule—before you miss it.
Violating Bail Terms Can Land You Back in Jail
Bail comes with conditions. You may be required to wear a GPS ankle monitor, abstain from using drugs, or refrain from contacting certain individuals. Breaking those rules could send you straight back to jail.
For drug-related cases, violating orders to avoid controlled substances or skipping blood, breath, or DNA tests may violate your bail conditions. Even missing a check-in with pretrial services is a risk.
Following every rule matters. Let your defense attorney know if you're unsure about your conditions or need help with compliance.
Mistake #6 – Discussing the Case with Friends or Family
After an arrest, you might feel the need to talk to someone you trust. But talking about your case—even with family—can hurt you later.
Private conversations are not legally protected unless they’re between you and your criminal defense attorney. If you speak with friends or relatives, those people can be called to testify in court. What you said—even if it seemed harmless—could be used against you.
In cases like drug trafficking or drug possession, your words might support the prosecution’s case. This includes verbal and written statements made through texts, calls, or even jail phone lines.
Also, friends who post your situation online can expose you to further risk. Your digital privacy is not guaranteed unless it’s protected under attorney-client privilege.
Only speak freely with your lawyer. This helps protect your rights and your defense.
Mistake #7 – Assuming the Charges Are “No Big Deal”
Some people believe that a misdemeanor charge isn’t serious. But that’s a mistake. Even a first-time arrest can change your future.
Charges like resisting arrest under Penal Code 148 PC or fleeing police under Vehicle Code 2800.1 may seem minor. However, these charges remain on your criminal record and can impact your job, housing, and educational opportunities.
The Los Angeles Superior Court handles every case according to strict rules. If you’re found guilty, you could face probation conditions, fines, or even Electronic monitoring.
Also, cases like driving with a suspended license or with high blood alcohol content under Vehicle Code Section 23152(a) carry mandatory penalties, including the use of an Ignition interlock device and long-term monitoring from the Department of Motor Vehicles.
Don’t assume your case will just go away. Take every charge seriously and speak with a lawyer early.
Mistake #8 – Not Understanding Your Rights Under California Law
Many people don’t fully understand their rights when facing criminal charges. This can lead to serious mistakes early in the case.
You have Miranda rights, which include staying silent and asking for a lawyer. But California law provides additional protections, such as rules under California Penal Code Section 136.1, which addresses witness tampering, or California Vehicle Code Section 23540, which applies to repeat DUI offenses.
Some people believe they must submit to every test or search. But you have the right to refuse certain actions—unless it falls under implied consent laws, such as breath tests or Blood Alcohol Content checks. These are enforced through the Department of Motor Vehicles and can impact your license even before trial.
You also have protections related to evidentiary rules. Your lawyer can fight to suppress illegal evidence, including statements obtained without proper cause or violations of California Vehicle Code Section 23152.
Understanding rights related to evidence preservation, Courtroom security, and police conduct is critical. Don’t rely on what you see online or hear from friends. The law is complex. One mistake can result in the loss of important rights in court.
Always consult a trusted criminal defense attorney before answering questions or making decisions.
Mistake #9 – Delaying Action or Waiting for the Court to Contact You
Once you’re released, the clock starts ticking. But many people wait, thinking the court will call or mail them instructions. That delay can damage your defense.
If you miss an early arraignment process or deadlines set by the court, you might face more trouble. Failing to appear can result in bench warrants, additional charges, or increased bail. Some even risk losing their chance at bail system alternatives or bail reduction hearings.
Also, any delay hurts your lawyer’s ability to collect evidence, challenge a breath test, or review footage that supports your case. Waiting too long can also limit options for better plea deals.
Contact an experienced lawyer, such as William S. Kroger, Criminal Defense Attorney at Law, as soon as possible. A prompt case consultation helps protect your rights and improve your chances of a better outcome.
Being proactive is your best defense. Don’t wait for the system to act—take control of your case right away.
Mistake #10 – Failing to Follow Probation Rules or Terms
Being placed on probation might feel like a win compared to jail time. But it comes with strict rules. Violating probation terms can send you straight back to court—or worse, to jail.
Some common mistakes include missing meetings with your probation officer, failing to attend drug tests, or leaving Los Angeles County without permission. If you’re caught driving on a suspended License or fail a breath test, it could be considered a violation—even if you weren’t charged again.
Probation might also include electronic monitoring, drug education programs, or avoiding contact with people involved in your case. Every requirement matters.
Under California law, violations can result in new charges, probation extensions, or the imposition of full sentences. This is especially serious if your case involved drug possession, Vehicle Code Section 23152(b) violations, or prior convictions.
Don’t treat probation lightly. Follow all conditions closely. If you’re unsure about your rules, speak to your criminal defense attorney right away. A mistake—even a small one—can cost your freedom.
Contact a Los Angeles Criminal Defense Attorney Today
If you’ve been arrested in Los Angeles, what you do next matters. From your first police encounter to the final court dates, every step affects your future.
Avoiding these common mistakes can protect your freedom, your record, and your reputation. Whether you’re facing a drug crime, a DUI, or charges like resisting arrest, the right legal help makes a difference.
At William S. Kroger Criminal Defense Attorney at Law, we provide experienced and aggressive representation tailored to your specific case. We understand local police procedures, the Los Angeles Superior Court system, and how to challenge weak evidence preservation.
Don’t wait until it’s too late. Get a case consultation now and learn your options. We’re here to help with everything—from bail system issues and probation terms to complex charges involving controlled substances or digital privacy.
Contact us today to start building your defense. We’re ready to fight for your rights and give you the legal support you need.
