Getting arrested can be a stressful and overwhelming experience. However, knowing your rights and the correct steps to take can make a significant difference in your case. This guide explains what to do if you’re arrested in California, ensuring you protect your legal rights and prepare for the next steps.
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Step 1: Stay Calm and Cooperate
One of the most important things to do when facing arrest is to remain calm. Resisting or arguing with the police can make things worse. Follow these guidelines:
- Avoid sudden movements that could be misinterpreted.
- Do not physically resist arrest.
- Comply with lawful commands but avoid volunteering unnecessary information.
Step 2: Exercise Your Right to Remain Silent
Under the Fifth Amendment, you have the right to remain silent. Anything you say can and will be used against you in court. To invoke your rights:
- Politely inform the officer: “I am invoking my right to remain silent.”
- Refrain from answering questions without a lawyer present.
- Do not discuss your case with anyone other than your attorney.
Step 3: Request an Attorney Immediately
You have the right to an attorney under the Sixth Amendment. If you cannot afford one, a public defender will be appointed to you. Steps to take:
- Clearly state: “I want to speak to an attorney.”
- Avoid speaking to the police until your lawyer is present.
- Do not sign any documents without legal counsel.
Step 4: Understand the Booking Process
Once arrested, you will go through the booking process, which includes:
- Personal Information Collection: Your name, address, and other details will be recorded.
- Fingerprinting and Photographing: Also known as a mugshot.
- Medical Screening: If applicable.
- Search and Inventory: Your personal belongings will be collected and stored until your release.
Step 5: Posting Bail to Secure Your Release
Bail allows you to be released from jail while awaiting trial. Options include:
- Cash Bail: Paying the full amount upfront.
- Bail Bonds: Paying a percentage (usually 10%) to a bail bondsman.
- Own Recognizance (O.R.) Release: The court may release you without bail if you’re considered low-risk.
Your lawyer can help determine the best option for securing your release.
Step 6: Attending Your Court Hearings
Failing to appear in court can result in additional charges. Key hearings include:
- Arraignment: The first court appearance where charges are formally read.
- Pre-Trial Motions: Your lawyer may argue to dismiss evidence or charges.
- Trial: If your case proceeds to trial, your lawyer will defend you in court.
Step 7: Building Your Legal Defense
Your defense strategy will depend on your case details. Common defenses include:
- Lack of Evidence: The prosecution must prove guilt beyond a reasonable doubt.
- Violation of Rights: If your arrest was unlawful, evidence may be inadmissible.
- Alibi or Witness Testimony: Establishing that you were not at the crime scene.
Step 8: Avoid Making the Situation Worse
After an arrest, avoid actions that could harm your case:
- Do not discuss your case on social media.
- Avoid contact with alleged victims or witnesses.
- Follow all court orders and conditions of release.
Step 9: Work Closely with Your Criminal Defense Attorney
Hiring an experienced criminal defense attorney is crucial for protecting your rights. Your lawyer will:
- Review evidence and police reports.
- Negotiate plea deals if necessary.
- Represent you in court.
Step 10: Know Your Legal Options Moving Forward
Depending on your case, you may have different legal options:
- Plea Bargain: Negotiating a lesser charge for a reduced sentence.
- Trial: Fighting the charges in court.
- Expungement: If eligible, clearing your criminal record after serving your sentence.
Final Thoughts: Protect Your Future
Being arrested is serious, but taking the right steps can protect your rights and future. If you or a loved one has been arrested in California, contact a trusted criminal defense attorney immediately to guide you through the legal process.
For expert legal defense, reach out to Hallinan Law Firm at (415) 837-3449. Our team is here to help you navigate your case and protect your rights.