What to Do When You are Arrested in California

What to Do When You are Arrested in California

What to Do When You are Arrested in California

An arrest is a traumatizing event, especially if you are innocent. If you have been arrested, you are likely rattled, frightened, nervous and wondering how the arrest will impact your future. Unfortunately, a slip of the tongue or another seemingly slight mistake has the potential to result in a conviction. This is precisely why your words and actions following an arrest are so important. Let’s take a quick look at how to proceed after an arrest.

Be Mindful of Your Rights

Though the average person has a general idea of what Miranda Rights are all about, few people truly comprehend what these rights really mean. You are not legally required to answer questions asked by police. Furthermore, you have the right to be silent even while you are being interrogated. If the police officer resorts to a threat, coercive tactics, violence or dangles a plea deal, you are well within your rights to remain silent.

In general, it is in your interest to exercise your right to remain silent. If it is determined you are innocent of the crime in question, police officers will still attempt to use your words against you should you talk following your arrest. So don’t assume providing a couple short answers is the polite and right thing to do. These answers could be construed as a confession and used against you in a court of law. When in doubt, remain silent following your arrest.

Contact Your Attorney

Miranda Rights state you have the right to secure the services of an attorney following your arrest. In fact, you even have the right to be provided with an attorney. Though the police who perform the arrest might attempt to delay the services of an attorney, the bottom line is you have the right to have an attorney in your presence while in the United States following an arrest. This means a police officer who prevents you from interacting with an attorney will be in violation of the law.

Do not hesitate to reach out to your attorney as soon as you have the opportunity. Even if you have to wait to contact an attorney until your picture is taken, your person is searched and your fingerprints are recorded, it is in your interest to do so. Be patient, allow the booking process to transpire and request the use of a phone to contact your attorney.

Be Silent While Your Attorney Navigates the Verbal Maze

Words matter a great deal in the aftermath of an arrest. Resist the temptation to speak. Instead, let your attorney do the talking on your behalf. Once contacted, your attorney will head to the police station and provide instructions for you to follow. Your attorney will likely advise you to remain silent as the police question you.

The moral of this story is your attorney understands which questions you should answer and those that you should ignore. Sadly, some police officers really will go to the extent of setting traps for you to fall into. Lean on your attorney following your arrest and you won’t fall into the traps, ultimately increasing your chances of beating the charge and regaining your full freedom.

Remail Cool While in Court

The district attorney will determine whether it is prudent to move forward with the case. If the case continues, multiple court appearances will be necessary. The trial process will prove lengthy and frustrating. However, it is a mistake to lose your cool and speak up in an attempt to defend yourself.

Follow the rules of the court, remain civil, and speak when advised to do so by your attorney. Do everything in your power to endear yourself to the judge and you will have greatly increased your chances of convincing the judge or jury you are innocent.