The Critical First 24 Hours After a Violent Crime Arrest in San Diego

Posted on: September 3rd, 2025 by Dod Law

Violent Crime Arrest in San Diego

When facing a violent crime arrest in San Diego, the actions you take within the first 24 hours can determine the trajectory of your entire case. The immediate aftermath of an arrest is often filled with confusion, fear, and critical decisions that will impact your future. Understanding your rights and knowing the proper steps to take during this crucial window can make the difference between a strong defense and irreparable damage to your case.

At Dod Law, we understand the urgency and complexity surrounding violent crime charges in San Diego. With over two decades of experience defending clients throughout San Diego County, our team recognizes that swift action in those first 24 hours often determines the strength of your defense strategy.

Understanding Your Rights Immediately Following a Violent Crime Arrest in San Diego

The moment you’re arrested for a violent crime in San Diego, specific constitutional protections come into effect. Your Miranda rights include the right to remain silent and the right to an attorney. These aren’t just formalities—they’re powerful tools that can protect you from self-incrimination.

Police officers may attempt to question you immediately after arrest, often suggesting that cooperation will benefit your case. However, anything you say can be used against you in court, regardless of your intentions. Even seemingly innocent statements can be twisted or taken out of context to support the prosecution’s case against you.

Exercise your right to remain silent firmly but respectfully. Simply state that you wish to speak with an attorney before answering any questions. This request should stop all interrogation until your lawyer is present.

The Booking Process and What to Expect from a Violent Crime Arrest in San Diego

After arrest, you’ll be taken to a San Diego County detention facility for booking. This process typically includes fingerprinting, photographing, and recording your personal information. During booking, officers may ask administrative questions about your identity, which you’re generally required to answer.

The booking process can take several hours, depending on the facility’s current capacity and the severity of the charges. For violent crimes, additional security measures may apply, and you may be placed in a holding cell separate from other detainees.

Understanding that this process is standard procedure can help you remain calm and focused on protecting your rights. Avoid discussing your case with other detainees, as these conversations aren’t privileged and can be used against you.

Contacting Legal Representation

One of your most critical rights is the ability to contact an attorney. This contact should happen as soon as possible after your arrest. Many people make the mistake of waiting to see if charges will be filed or hoping the situation will resolve itself.

Time is of the essence when building a defense for violent crime charges. An experienced attorney can begin investigating your case, preserving evidence, and protecting your rights immediately. They can also advise you on whether to participate in any lineups or provide any samples that may be requested.

Critical Mistakes to Avoid in the First 24 Hours

Several common mistakes can severely damage your defense prospects. Talking to police without an attorney present tops this list. Even if you believe you can explain the situation or clear up a misunderstanding, these conversations rarely benefit the accused.

Contacting alleged victims or witnesses is another critical error. Any communication with these individuals can be construed as intimidation or tampering, leading to additional charges. Allow your attorney to handle all communications related to your case.

Social media activity should also cease immediately. Prosecutors routinely examine social media accounts for evidence, and posts, photos, or comments made during this period can be particularly damaging. Even seemingly unrelated content can be taken out of context.

The Importance of Evidence Preservation

The first 24 hours are crucial for evidence preservation. Surveillance footage, witness memories, and physical evidence can disappear or deteriorate quickly. Your attorney can take immediate steps to preserve this evidence through legal mechanisms.

If you have any evidence that supports your innocence—such as receipts, text messages, or witness contact information—make note of it for your attorney. However, don’t attempt to gather or alter this evidence yourself, as improper handling can make it inadmissible in court.

Time-sensitive evidence like surveillance footage from businesses or traffic cameras may be automatically deleted after a certain period. Your attorney can issue preservation letters to ensure this evidence is maintained.

Building Your Defense Team at Dod Law 

The first 24 hours after a violent crime arrest in San Diego require immediate, strategic action. At Dod Law, our experienced criminal defense team understands that every hour counts in building a strong defense. Named San Diego County’s 2023 Trial Lawyer of the Year by the San Diego Criminal Defense Bar Association, Dod Ghassemkhani has successfully defended clients facing the most serious violent crime charges, including murder cases that resulted in not guilty verdicts.

Our team begins working on your case immediately, conducting independent investigations, interviewing witnesses, and examining all available evidence. We’ve handled over 6,500 criminal cases throughout San Diego County, including more than 100 jury trials and 400 preliminary hearings. When your freedom and future are on the line, you need advocates who understand both the urgency of your situation and the complexity of violent crime defense. 

To schedule a free consultation with a member of our first-class legal team, call us today at our San Diego office (619) 814-5110 | Orange County office 949-681-7020  | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form