What To Do After an Arrest In California
Being arrested by the police can be a very stressful and confusing situation. If you’re arrested by the police, remember you have the right to remain silent and to speak with an attorney.. Our experienced criminal defense attorneys will defend you from the moment you are arrested and through to resolution.
When Can an Arrest Be Made?
An officer may make an arrest under these circumstances:
- The police officer personally witnessed a crime.
- The police officer has probable cause to believe that the individual arrested has committed a crime or felony and has violated the law
- The police officer has an arrest warrant that was issued by a judge after a grand jury returns an indictment or a prosecutor files a case.
- If an arrest warrant is issued, a police officer may arrest you. You may also turn yourself into police custody voluntarily.
- If it’s not a serious offense, then you may be required to simply appear in court instead of being arrested.
What Happens During An Arrest?
You are arrested when the police take you into custody. You’re in police custody if you are not free to leave. During an arrest, the police don’t necessarily have to read you your Miranda rights, but they must read them to you before questioning you.
When making an arrest, the police are not allowed to use excessive force or force that is likely to cause serious bodily injury. When being arrested, it is best to cooperate with the police even if you think that the arrest is unjustified as resistance could lead the police to use more force against you or charge you with additional offenses.
What Happens After an Arrest in California
If you are arrested, a police officer will either search you at the scene or at the jail for any concealed weapons or evidence. Any evidence or contraband found will be seized. A police officer will secure any money or personal items found during the search and put it in an inventory. You will then be asked to sign this inventory, to make sure that you’re aware of all your personal belongings that they have in custody.
After being arrested, you’ll be booked by the police. This is a process where they’ll ask you for basic information such as your name, birthday, and address. You’ll also be fingerprinted and photographed for the law enforcers to have a record of you and the arrest. They may also ask you to provide a handwriting sample or to participate in a line-up. You should consult with a lawyer whether you should participate.
Invoking Your Rights
If you’re arrested and questioned by the police, you must be informed of your legal rights to remain silent and to seek the help of a lawyer, which usually goes along the lines of:
“You have the right to remain silent and refuse to answer questions. Anything you say may be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.”
Police officers are required to provide you your Miranda rights if you are accused of a crime before interrogating you. To properly invoke those rights, you must explicitly say to the officers that you want to invoke your rights against self-incrimination.
Being charged with a crime can be extremely overwhelming. It is not easy to deal with a criminal case alone, so it is best to connect with an experienced and trusted Sacramento County criminal defense attorneys to help you come up with the best possible legal defense.
Contact us online or by calling (916) 932-7150 for a confidential consultation and legal counsel.
