Arrested in San Francisco
Whether it was you or someone you love, the next few days shape the case. A free 15-minute case evaluation by phone or Zoom tells you where you stand.
Phone: Monday to Friday, 9 AM to 6 PM PT. Forms and chat get a reply within one hour during business hours.
Say two sentences, then stop talking. “I’m going to remain silent.” and “I want a lawyer.” Do not explain, negotiate, or answer “just a few questions.” Your rights if you are arrested.
Do not consent to searches. Politely decline: “I don’t consent to any searches.”
Do not discuss the case with anyone except your lawyer, and do not post about it. Friends and family can be subpoenaed, and posts get screenshotted.
Do not contact the alleged victim or witnesses. Even an apology can be reframed as an admission.
Keep every piece of paper. The citation, the booking or release paperwork, any property receipt. Photograph the citation. Write down what you remember while it is fresh: times, badge numbers, who was there.
Never miss the court date. Missing it can mean a bench warrant. What happens if you miss court.
Call. For urgent matters, like a family member in custody or an arraignment tomorrow, the phone is faster than email.
In California, cash bail is no longer the default. Release on their own recognizance (O.R.), on a written promise to appear with no money, is the expected outcome for most misdemeanors and many other cases. The bail question is usually decided at the arraignment, and it is worth fighting. How bail works in San Francisco.
A lawyer can argue for O.R. or non-financial conditions, show the court their ties to the community and their job, and challenge a bail they cannot afford. If you can, have their full legal name and date of birth ready when you call, plus anything about their work and family here.
Some people are cited and released at the scene on a written promise to appear. Others are booked. Either way, the criminal case is still active. Cited and released in San Francisco.
Police arrest. The District Attorney decides whether the case becomes a prosecution: file the charge as written, file something different, or decline. Counsel can sometimes present mitigation before that decision is made.
San Francisco misdemeanors are heard at the Hall of Justice, 850 Bryant Street. The court reads the charges, takes the plea, sets release conditions, and sets future dates. On most misdemeanors, retained counsel can appear for you under PC 977 so you do not have to be there. What happens at arraignment.
Discovery, investigation, motions to suppress and dismiss, negotiation, diversion where you are eligible, and trial when that is the right call.
The window between the arrest and the first court date is the highest-leverage time in the case.
If your case was assigned to the Public Defender, SF’s public defenders are excellent and dedicated lawyers who carry heavy caseloads. Public defender vs. private attorney.
Say “I’m going to remain silent” and “I want a lawyer,” then stop talking. Do not consent to searches, do not discuss the case with anyone but your lawyer, keep every piece of paper you were given, and call a lawyer before the first court date.
Often not. Release on your own recognizance, with no money, is the expected outcome for most misdemeanors and many other cases, and courts must consider your ability to pay before setting cash bail. Bail is usually addressed at the arraignment, where a lawyer can argue for release.
Sometimes. Police arrest, but the District Attorney decides whether to file charges, and the DA can decline. Counsel can sometimes contribute by submitting mitigation or witness information before the filing decision is made.
ASH Legal offers flat-fee representation starting at $3,500 for most misdemeanor cases. You get the quote up front, in writing, after the free 15-minute case evaluation. Criminal defense lawyer cost in San Francisco.
By phone or Zoom. Honest answers, no pressure. Urgent? Call (510) 545-6515.
About the Author
Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 15-minute case evaluations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.