What Are Your Rights After A San Diego Arrest?San Diego Legal News
If you find yourself in a situation where you know the law is going to be involved, it isn’t uncommon to want to run so you can avoid legal repercussions. This is never a good idea. These incidents are intimidating and overwhelming but for some, they do happen. What exactly should you do when if you are in a perilous legal situation? First, understand the police aren’t perfect. They must read you your Miranda rights, which allow you the right to not say anything that could jeopardize your case before you are interrogated. What should you know about your Miranda Rights?
- You can remain silent
- You must be told why you were arrested
- You don’t have to answer questions from the authorities at the time of your arrest
- You have the ability to either hire an attorney or accept one appointed by the court
When Should You Remain Silent?
For the basics regarding gathering information about you such as your name, address, and date of birth, you should cooperate with authorities and provide the correct information. This information isn’t going to harm your legal case and it will also show authorities that you aren’t being difficult. When the questioning goes further than the basics about your identity, it is advisable to inform the officers that you are invoking your right to remain silent. After you do this, the police cannot continue to ask you questions.
There is a difference between telling the police you are invoking your right to remain silent and just staying silent. Not saying anything doesn’t automatically invoke your right, and if you don’t say anything it could be used against you in court. When you clearly, and calmly state you are invoking your right to remain silent until you speak with your lawyer, you will have formally invoked your right and that is a better option for your case.
When you are being handcuffed by officers you can ask them questions such as:
- Am I being detained? If so, for how long will I be detained?
- Am I being arrested?
When you are handcuffed and put in the back of a police cruiser it is important to know what is happening. Determining whether you are being detained or arrested is critical because while they have similarities they also have striking differences. Being detained means the authorities have reasonable suspicion that you were a part of a crime. As a result, you are going to be held in a location while the police investigate your situation. If authorities don’t find any evidence linking you to a crime or that a crime was committed you will be let go.
If you are being arrested, then the authorities have probable cause that you were involved in a crime. The other way authorities can arrest you is if they have a warrant for your arrest signed by a judge. Unlike detainment where you are let go after a period of time, when you are arrested you will spend time in jail. You can not be released without posting bail.
Do You Need A San Diego Criminal Defense Lawyer?
The authorities that detain or arrest you must have a valid reason why they are doing so, and they must follow the appropriate procedures. If you have been detained or arrested and you are not being let free to leave, you have the right to speak to your San Diego criminal defense attorney.
The Coastal Legal Center has the California criminal defense attorneys you want protecting your constitutional rights during an investigation. Contact the Southern California criminal defense attorneys at the Coastal Legal Center today at (619) 231- 0724 to schedule your free consultation.