What I Should Do If I've Been Arrested

If you are stopped or arrested by the police, you should have the knowledge and information necessary to protect your rights. 

Detention by the Police

When officers stop you for questioning, also called a "detention," you do not have to answer the officer's questions, although you may be required to state your name, address, and date of birth.  The officer may also pat you down for weapons, but this must be limited to your outside clothing, unless the officer has reason to suspect that you are carrying contraband or a weapon.  Never resist arrest, even if you believe you are innocent. 

Arrested by the Police

If you are arrested by the police, the arresting officer must read you your Miranda Rights. Miranda Rights stem from one's constitutional 5th Amendment right against self-incrimination, and must include the following:

• You have the right to remain silent,
• If you give up that right, anything you say can be used against you,
• You have the right to have an attorney present during questioning,
• If you desire an attorney and cannot afford one, you will be provided an attorney without cost to you. 

As for police interrogation, if the court finds that the police questioning was somehow unlawful this does not mean your case will be dismissed.  In actuality, this just means that any statements you provided in response are inadmissible in a court of law.  However, if other evidence was lawfully obtained by the police and is sufficient to prove you committed the crime, the case will still proceed. 

After the Arrest

After the arrest there are several things of which to be mindful:

• Booking:  When the police book you, you have the right to make two phone calls within the local dialing area to your attorney, bail bondsperson, or another person. 
• Receipt:  The police must give you a receipt for everything that is placed in their custody at the time of booking, such as your wallet, clothing, keys, etc.
• Right to see an attorney:  You have the right to hire and see an attorney right away. 
• Police questioning:  You do not have to give a statement to the police, and even if you give a statement to the police you do not have to sign that statement.  Generally, it is often better not to say anything to the police, and instead politely and clearly state that you want an attorney present. 
• Posting Bail:  Adults who are arrested for a crime are entitled to post bail in cash or pay a bail bondsperson's his or her fee.  In the alternative, if you wait until your first court date to ask the judge to release you from custody without bail, the judge is not obligated to release you and may even increase the bail amount, depending on the facts of your case.  Juvenile arrestees have no right to bail.  
• Remaining in jail:  If you remain in jail after your arrest, the police must bring you into court or release you within 48 hours, or provide a written declaration explaining to the judge that there is cause to hold you beyond the 48 hours.  If the 48-hour period ends at a time when the court is not in session, such as on a weekend, the police must bring you before the judge the first day that the court is in session, which would be the following Monday. 

For an experienced criminal defense attorney in Northern California, contact the Law Offices of Jeffrey B. Hayden for assistance today.