TOP RATED

There’s nothing more frightening than being the subject of an arrest. Many people believe it will never happen to them, but it can happen to almost anyone. People make mistakes. Some get falsely accused.

While you can only be arrested in specific circumstances, it is absolutely vital that you know exactly what to do if it happens to you.

When can you be arrested?

You can be arrested if law enforcement witnesses you committing a crime, if you are a suspect in a crime and the police have probable cause to arrest you, or if the court has already signed off on a warrant for your arrest.

Wrongful arrest is possible, and may even help you defend your case, but establishing that there was no probable cause for an arrest isn’t always as easy as many think, even if you are innocent. 

What steps can you take to protect yourself once you’re arrested?

Take your Miranda warning seriously.

It’s not just a ritualistic phrase that’s being uttered. It’s a reminder of your 5th Amendment rights.

The only information you need to give to the cops is your name, address, and phone number. After that, you can just start saying, “I invoke my right to remain silent and I invoke my right to an attorney.” Beyond that, say nothing else.

When you get your one phone call, use it to call a criminal lawyer, or call a family member who you’ll direct to contact a lawyer on your behalf. A lawyer should be the only thing on your mind.

Do not answer any questions without your lawyer present. Answering questions will not get you out of jail any faster. There is not going to be any argument that you can make that will cause the police to let you go. The police can lie to you, trap you with their words, make it sound like you’re providing them with exculpatory evidence when what they’re really doing is placing you in an area at a time when a crime was committed.

They can even sometimes wear you down enough, psychologically, to make a false confession, a phenomenon which is well-documented. 

Pretrial Release

California has a risk-based release and detention system. This system “assumes that a person will be released on his or her own recognizance or supervised own recognizance with the least restrictive non monetary condition or combination of conditions that will reasonably assure  public safety and the defendant’s return to court.”

If you have been arrested for a misdemeanor you should be cited and released within 12 hours. If you committed a felony you may be held up until your trial regardless of financial resources. Somewhere in the middle you might be required to check in with a probation officer or required to wear an electronic monitoring device.

The terms of pretrial release will be set at your arraignment. It will be the job of your attorney to argue for the lightest conditions allowable given the determination of the risk that you pose. 

Get Help Today

If you or a loved one has been charged with a crime, you have no time to waste. You need the help that a dedicated criminal defense attorney can provide. 

Contact our office to schedule a case review today. 

See also:

Supreme Court Debates Whether Miranda Rights Are 5th Amendment Rights

What is a Cite and Release in Los Angeles?

Wrongful Convictions in Los Angeles, CA