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Some
Practical Suggestions About You and the Police
1.
If You Are Arrested or Taken to a Police Station
- You
have the right to remain silent and to talk to a lawyer
before you talk to the police. Tell the police nothing
except your name and address. Do not give explanations,
excuses or stories. You can make your defense in court
based on what you and your lawyer decide is best.
- Ask
to see a lawyer immediately. If you cannot pay for a lawyer,
you have a right to a free one, and should ask the police
how the lawyer can be contacted. Do not talk without a
lawyer.
- Within
three hours after you are arrested, or immediately after
being booked, you have the right to make two free complete
phone calls in the local dialing area: (1) to a lawyer;
(2) a bail bondsman; or (3) a relative or any other person.
The police may not listen to the call to the lawyer.
- Sometimes
you can be released without bail or have bail lowered.
Ask the judge about it. You must be taken before the judge
on the next court day after arrest.
- Do
not make any decisions in your case until you have talked
with a lawyer.
2.
Your Rights and the Police
- What
you say to the police is always important. What you say
can be used against you, and it can give the police an
excuse to arrest you, especially if you "bad mouth"
a police officer.
- You
do not have to answer a police officer’s questions,
but you must show your driver’s license and registration
when stopped in a car. In other situations, you cannot
legally be arrested for refusing to identify yourself
to a police officer.
- You
do not have to give your consent to any search of yourself,
your car or your house; if you do consent to a search,
it can affect your rights later in court. If the police
say they have a search warrant, ask to see it.
- Do
not interfere with or obstruct the police – you
can be arrested for it.
3.
If You Are Stopped for Questioning
- It
is not a crime to refuse to answer questions, although
refusing to answer can make the police suspicious about
you. You cannot be arrested merely for refusing to identify
yourself on the street.
- The
police may "pat-down" your clothing if they
suspect a weapon to check for concealed weapons. Do not
physically resist, but make it clear that you do not consent
to any further search.
- Ask
if you are under arrest. If you are, you have a right
to know why.
- Do
not "bad mouth" the police officer or run away,
even if you believe what is happening is unreasonable.
That could lead to your arrest.
4.
If You Are Stopped in Your Car
- Show
your driver’s license and registration upon request.
Your car can in certain cases be searched without a warrant
so long as the police have probable cause. To protect
yourself later, you should make it clear that you do not
consent to a search.
- If
you are given a ticket, you should sign it; otherwise,
you can be arrested. You can always fight the case in
court later.
- If
you are suspected of drunken driving and refuse a blood,
urine or breath test, your driving license can be suspended.
5.
When is an Arrest Warrant Used?
- Usually,
a warrant is required before you can be taken into custody
from within your home. But you can be arrested at home
without a warrant if fast action is needed to prevent
you from escaping, destroying evidence, endangering someone’s
life or seriously damaging property.
- An
arrest warrant must be signed by a magistrate or judge,
who must have good reason to believe that you committed
a crime.
- Once
an arrest warrant is issued, any law enforcement officer
in the State can arrest you – even if the officer
does not have a copy of the warrant. Generally, there
is no time limit on using a warrant to make an arrest.
- Prior
to a recent U.S. Supreme Court case, before entering your
home, a law enforcement officer must knock, identify him
or herself and tell you that you’re going to be
arrested. If you refuse to open the door – or if
there’s another good reason – the officer
can break in through a door or window.
- If
the police have an arrest warrant, you should be allowed
to see it. If they don’t have the warrant with them,
you should be allowed to see it as soon as is practical.
- The
police may search the area within your reach. If you are
arrested outdoors, they may not search your home or car.
- Resisting
an arrest or detention is a crime. If you resist arrest,
you can be charged with a misdemeanor or felony in addition
to the crime for which you are being arrested. If you
resist, an officer can use force to overcome your resistance
or prevent your escape. The officer can even use deadly
force if it appears you will use force to cause great
bodily injury.
6.
What is Bail and How is it Set?
- The
amount of bail – money or other security deposited
with the court to insure that you will appear –
is set by a schedule in each county. For some traffic
citations, you may be notified that you can forfeit or
give up bail instead of appearing in court. However, if
you have any doubt, go to court so a new warrant is not
issued for your arrest for failing to appear.
- Bail
forfeiture does not apply to misdemeanors or felonies,
and you must appear in court. If you fail to appear, your
bail will be lost and a new warrant will be issued for
your arrest. For traffic citations, a "bail forfeiture"
works as a conviction for the traffic violation.
- Officers
at the jail may be able to accept bail. If you cannot
post or put up the bail, you will be kept in custody.
Depending on where you are arrested, you may have the
opportunity to request a bail reduction through a bail
commissioner.
- When
you are taken to court for bail setting or release, the
judge will consider the seriousness of the offense with
which you are charged, any prior failures to appear (even
for traffic tickets), any previous criminal record and
your connections to the community, as well as the probability
that you’ll appear in court. Generally, the amount
of bail is set according to a written schedule based on
your charges.
- Instead
of paying bail, you might be released on your own recognizance
or "O.R." (or "supervised O.R.").
This means that you do not have to pay bail because the
judge believes that you will show up for your court appearances
without bail.
7.
What Happens at an Arraignment?
- You
have a right to be arraigned without unnecessary delay
– usually within two court days – after being
arrested. At the arraignment, you will appear before a
judge who will tell you officially of the charges against
you. An attorney may be appointed for you if you can’t
afford one, and the bail can be raised or lowered depending
on the circumstances of the case. You also can ask to
be released on O.R., even if bail was previously set.
- If
you are charged with a misdemeanor, you can plead guilty
or not guilty at the arraignment. Or, if the court approves,
you can plead "nolo contendere," meaning that
you will not contest the charge. Legally, this is the
same as a guilty plea, but it cannot be used against you
in a non-criminal case unless the charge can be punished
as a felony.
- Before
pleading guilty to some first-time offenses, such as drug
use or possession in small amounts for personal use, you
may want to find out if your county has any drug diversion
programs. Under these programs, instead of fining you
or sending you to jail, the court may order you to get
counseling, which can result in dismissal of the charges
if you complete the counseling.
- If
misdemeanor charges are not dropped, a trial will be held.
If you are charged with a felony, however, and the charges
are not dropped, the next step is a preliminary hearing.
8.
What Happens at a Preliminary Hearing?
- During
the preliminary hearing, usually within 10 court days
of the arraignment, the district attorney’s office
must present evidence showing a reasonable suspicion that
a felony was committed and that you did it. The judge
must be convinced that there is sufficient evidence to
bring you to trial.
- You
may have a second arraignment. If the felony charges are
not dropped at the preliminary hearing, you will be arraigned
in superior court where your trial later will be held.
- If
you are charged with a crime and are unable to understand
English, you have a right to an interpreter throughout
the proceedings.
THIS
IS NOT COMPLETE ADVISE.
BE SURE TO CONSULT A LAWYER.
Why
Hire An Attorney
1.
An attorney has experience in dealing with complex liability,
coverage, medical payments and lien issues.
2.
An attorney possesses the strong advocacy skills needed when
you have unequal bargaining power with large insurance carriers.
3.
An attorney can handle your case on a contingency basis, with
a fee paid at the end of the case. An attorney can save you
money by reducing medical liens, allowing you to receive a
greater share of insurance proceeds.
4.
An attorney is familiar with and able to hire any necessary
experts such as reconstruction experts, biomechanic experts,
investigators and other professionals if they are required
for your case.
5.
An attorney will handle the entire matter so your life can
return to normal. Accidents can be traumatic and emotional,
and dealing with a claim can be very disruptive to your life.
DISCLAIMER
The
information and statements above does not constitute
legal advice. The receipt of the above-mentioned information
should not become the formation of a lawyer or an attorney-client
relationship. Any results in your potential case are
only dependent on the facts of that case and results
will vary based upon different facts and the application
of those facts. The statements are intended to be general
statements of the law in California.
The
statements are intended to give you a general understanding
of what is involved in the criminal justice system in
California and is an attempt to educate the reader.
It is preferable to consult with a licensed attorney
of your choice, or you may choose to consult with our
office to learn the specifics of the law and how we
may tailor that law to fit your needs. Please understand
that the law is subject to change. Even though we work
hard to update our website, we cannot guarantee its
accuracy at all times.
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