Arrested in Orange County: what to do in the first week, and what to bring to your attorney

In the first week after an arrest in Orange County, find out the court date and courthouse, follow every release condition and any protective order, and after a DUI arrest ask the DMV for a hearing within 10 days of receiving the notice (Vehicle Code § 13558(b)). A person who is not a U.S. citizen should speak with an immigration attorney before any plea. Bring your defense attorney the release papers, the citation or bail receipt, any DMV or protective order, and a written timeline.

A person released from a jail or a police station may leave with a handful of papers, a court date they did not quite catch, and a head full of questions. The first seven days are when small, practical steps protect the case: keeping the paperwork, writing down what happened while memory is fresh, and not missing the two or three deadlines that run before the first hearing. How release itself works, including own recognizance and bail, is covered on the page about how bail works in California and how to get released before trial.

This page is a working checklist. It assumes the person is out of custody or will be soon. If someone is still in custody and the family is waiting for the first court appearance, start with the page that explains what happens between arrest and arraignment in Orange County, then come back here.

How the first week works in Orange County, step by step

1. Release and the papers that come with it. A person released on own recognizance signs a release agreement before leaving. It contains a promise to appear at every date the court orders, to obey all reasonable conditions, not to leave California without the court's permission, and to waive extradition if the person fails to appear and is found outside the state (Penal Code § 1318(a)). A person released on bail is given a time and place to appear in court (§ 1269b(a)) and keeps the bail receipt or bond paperwork. A person cited and released gets a citation with a date and a courthouse. Keep every one of these papers together.
2. Phone calls while still in custody. Immediately after booking, and except where physically impossible no later than three hours after arrest, an arrested person may make at least three completed calls, including to an attorney, a bail agent and a relative; the call to an attorney may not be monitored or recorded. A custodial parent of a minor child may make two more calls to arrange child care. These rights apply regardless of immigration status (§ 851.5).
3. The DMV clock, if a car and alcohol or drugs were involved. A driver who receives an order of suspension may ask for a hearing. To have the hearing before the suspension takes effect, the request must be made within 10 days of receiving the notice (Veh. Code § 13558(b)), and the DMV must hold it before the effective date if the request is postmarked or received within those 10 days (§ 13558(d)).
4. Any protective order. In a criminal case the court may order a defendant to have no communication with a named victim or witness except through an attorney, and in a domestic violence case it must consider an order that bars owning or buying a firearm and requires giving up any firearm (§ 136.2(a)(1)). A violation can be punished as contempt or as a separate crime (§ 136.2(b)). Read the order line by line on the day you receive it.
5. The court date and courthouse. Each Orange County justice center hears cases from the cities listed on its court page (see the table below). The court's online case and calendar information lets a person check the status of a case.
6. Meeting the defense attorney. The first meeting goes faster and covers more when you bring the documents in the list further down. If you cannot afford a lawyer, tell the judge at arraignment; the court may ask you to complete a Financial Affidavit (CR-105) and appoint counsel, often the Public Defender, and may later order repayment if you are able to pay.
7. The first court date. The Orange County court says criminal matters generally require a court appearance unless the court or your attorney advises otherwise. Each justice center in the table below is a full security building with weapons screening. If you need an interpreter, the court asks you to request one from the clerk's office or the courtroom when you arrive.

Which Orange County courthouse hears the case

The citation, bail receipt or release papers name the courthouse. If they do not, the Orange County court's location pages list the cities each justice center serves. For Irvine, Newport Beach and south county cities, the court lists the Harbor Justice Center in Newport Beach; the page on what to expect at the Harbor Justice Center for a criminal or DUI case covers that building in detail.

What to bring to your attorney

A defense attorney can only work with what is in front of them. Bring originals or clear photos of the following, in one folder:

• Release papers. The signed own recognizance agreement, bail receipt or bond paperwork, or citation, with the court date and courthouse.
• The property receipt. A list of what the police kept, such as a phone or car keys.
• Any order. A criminal protective order, an emergency protective order, or the DMV order of suspension and temporary license.
• Your own timeline. Written the same day or the next: where you were, who was there, what was said, when the police arrived, and whether you were asked questions after you were detained. Write it for your attorney only, and do not post it or send it to anyone else.
• Names of witnesses. People who saw what happened, with a phone number for each.
• Photos and records. Photos of injuries or damage, receipts that show where you were, messages that matter. Keep them; do not delete anything.
• Your background. Work, school, family responsibilities, any earlier case in any state, and your immigration status if you are not a U.S. citizen. These facts affect release, negotiation and the choices that are safe for you.
• Travel plans. Any trip you booked before the arrest, with dates. Travel may need the court's permission.

What changes the answer?

• Still in custody or released. A person still held must see a judge within 48 hours, excluding Sundays and holidays (§ 825(a)), and in a misdemeanor case starts from a right to own recognizance release unless the judge makes findings on the record (§ 1270(a)).
• A DUI arrest. The 10-day DMV request is separate from the court case and can fall before the first court date. The page on why the 10-day DMV deadline matters explains what the hearing decides. The DUI page covers the court case.
• A domestic violence arrest. A protective order may keep a person out of the family home or away from a spouse and, depending on its terms, the children. The page on what a criminal protective order means for your home and children goes through it. The domestic violence charges page covers the charges.
• Misdemeanor or felony. A misdemeanor goes from arraignment to pretrial and motions; a felony goes to a preliminary hearing and, if the person is held to answer, a new charging document called an information and a second arraignment (occourts.org).
• Not a U.S. citizen. The court must warn a noncitizen before a guilty or no contest plea that a conviction may lead to deportation, exclusion or denial of naturalization (§ 1016.5(a)), and defense counsel must give accurate advice about the immigration consequences of a proposed disposition (§ 1016.3(a)). The page on how a California criminal case can affect a green card or visa explains those rules. This office does not give immigration advice.
• A trip abroad already booked. An own recognizance release includes a promise not to leave California without the court's permission (§ 1318(a)(3)); the page on traveling outside the U.S. while a California case is open explains what that means for a trip to Iran or elsewhere.

A worked example

For example, imagine a 40-year-old engineer from Mission Viejo who holds a green card and was arrested on a Friday night after neighbors called the police about an argument with his wife. This is a hypothetical, not a real case. He is released on bail on Saturday with a court date at the Harbor Justice Center and a criminal protective order that tells him to have no contact with his wife except through an attorney. He has a ticket to Tehran in three weeks for his father's seventieth birthday.

On Saturday he moves in with his brother in Irvine and does not text his wife, even to apologize, because the order forbids contact (§ 136.2(a)(1)). On Sunday he writes a timeline of the evening and lists the two neighbors who heard the argument. On Monday he reads the order again and sees the firearm terms; he arranges, through counsel, how to handle the hunting rifle at home lawfully. On Tuesday he meets a defense attorney with his bail paperwork, the order, his timeline and a copy of his green card, and says plainly that he is not a citizen. The attorney explains that the plea choices in his case have to be weighed with an immigration attorney's advice, and that this office does not give that advice.

He also mentions the trip. His attorney explains that the case will have court dates, that missing one can lead to a warrant and bail forfeiture, and that any travel would need to be raised with the court first. He decides to postpone the trip. If he wants to know who is handling his case and in which languages, he can read about Sourena Sarbazevatan.

Common mistakes in the first week

• Losing the release papers. The court date, the courthouse and the conditions are on them. Photograph them on day one.
• Contacting the protected person "just to talk". A text, a call through a friend or a social media message can violate a protective order, even if the other person reaches out first.
• Letting the 10 DMV days pass. The DMV request is separate from the court case and its clock starts when the notice is received.
• Posting about the arrest. Social media posts and messages to friends can be read by the prosecution.
• Pleading quickly to "get it over with". For a noncitizen especially, a fast plea can carry consequences that are hard to undo; talk to a defense attorney and an immigration attorney first.
• Assuming a misdemeanor date is optional. The court says criminal matters generally require an appearance unless the court or your attorney tells you otherwise.

What to do this week

1. Photograph every paper you received: release agreement, bail receipt, citation, property receipt, any order.
2. Write the court date, time and courthouse in your calendar, and check the case on the court's online case information.
3. If you received a DMV order after a DUI arrest, request the hearing within 10 days of receiving it.
4. Read any protective order line by line and follow it exactly, including any firearm terms.
5. Write your timeline and your list of witnesses, for your attorney only.
6. Gather proof of work, school, family responsibilities and, if you are not a citizen, your immigration documents.
7. Meet a California criminal defense attorney before the first court date, and bring the folder.
8. If you are not a U.S. citizen, contact a separate immigration attorney before any plea.
9. Do not travel outside California before speaking with your attorney about the release terms.

Once the case is over, a next question is whether the record can be cleaned up, explained on the page about dismissal under Penal Code 1203.4.

Frequently asked questions

Do I have to go to court for a misdemeanor in Orange County?

The Orange County court says criminal matters generally require a court appearance unless the court or your attorney advises otherwise. Ask your attorney before the date whether you must be there in person, and plan to attend unless you are told otherwise in clear terms.

What happens if I miss my court date?

The court may issue a warrant for your arrest, add a failure to appear charge, and order any posted bail forfeited. A willful failure to appear after own recognizance release is a separate crime (§ 1320), and so is a willful failure to appear on a felony after release on bail (§ 1320.5).

How long do I have to ask for a DMV hearing after a DUI arrest?

Ten days from receiving the notice, if you want the hearing before the suspension takes effect (Veh. Code § 13558(b)). The request does not depend on the court case.

Can I go home if there is a protective order?

It depends on the order's terms. If the order bars contact with a person who lives there, returning home can violate it; read the order and ask your attorney before going back, even to collect belongings.

Should I tell my attorney I am not a U.S. citizen?

Yes. California law requires defense counsel to give accurate and affirmative advice about the immigration consequences of a proposed disposition (§ 1016.3(a)), which is only possible if counsel knows your status. You do not have to tell the court your status (§ 1016.5(d)).

Can I ask for a Persian interpreter in court?

Yes. The Orange County court asks people who need an interpreter to make the request at the clerk's office or in the courtroom when they arrive.

Is there a deadline to hire an attorney?

No fixed deadline, but the first court date is where pleas, release terms and the next dates are set. Meeting an attorney before that date gives time to prepare.

The Law Office of Sourena Sarbazevatan represents people in Orange County and San Diego in criminal defense and bail matters, in English and Persian (Farsi). Call (949) 591-9596 or use the contact page.