A police check occurs when an officer uses enough force or authority to make a person feel like they cannot walk. An officer must have reasonable suspicion to arrest you. They are only allowed to question you briefly at the place where they arrested you. If there is an arrest warrant, it should include the crime for which you are being arrested. If the police stop you and ask you questions before reading your rights, any statements you make can be deleted later (i.e. not admitted as evidence). However, any statement you voluntarily make before reading your rights is not covered by Miranda`s protection. Orange County defense attorney William Weinberg can`t stress enough that your best approach before, during, and after arrest is to provide law enforcement only with your credentials, and then politely tell officers that you want to remain silent and ask for a lawyer. Do this even if you haven`t read your rights. After being arrested, you will likely go through a trial to prove your innocence.
The court system in the United States is highly regulated and you have additional rights during this time, including the right to: If you`ve been arrested and before answering questions, it`s a good idea to contact a lawyer or ask a friend or family member to contact you for you. Orange County Criminal Defense Attorney William Weinberg has been invited to represent many clients who have just been arrested, from those arrested for misdemeanors to those arrested for the most serious crimes. He will remain present at any interrogation by law enforcement and will be able to advise you on charges and your future options. In addition, at your request, it can inform your family and friends of your status and upcoming procedures. In general, you can be arrested in California under the following circumstances: An individual can only arrest a citizen if he or she finds that another person is committing a crime. A citizen`s arrest occurs when a citizen prevents a suspect from leaving a crime scene. The arrest of a citizen most often occurs in cases such as shoplifting, when the store manager is detaining the alleged perpetrator. You should not discuss your innocence with the police during your arrest.
Arguing may seem to resist arrest, which can lead to further criminal charges. Even if you know you are innocent, it is best to follow the instructions of the police officer. When you arrive at the station, you retain your right to silence and your right to a lawyer. This is the best way to deal with the situation and ultimately prove your innocence. A Miranda warning must be issued once you are in police custody (or unable to release), even if you have not been formally arrested. The Miranda warning tells you some of your rights when you are questioned by the police. Even if the official does not tell you your rights, you still have them. You can ask for the name and identification number of the agent. If your request for information is denied, write down the information you can see and file a complaint later if you believe your rights have been violated. If you have been arrested and charged with a crime, the police are not on your side.
During questioning, the police may lie to you, and in some situations they will try to intimidate you, no matter what the rules say. Under the law, the police can use anything you say after you are arrested in court against you, and they certainly will. Sometimes law enforcement officers will continue to question you even if you have invoked your right to remain silent. You are not allowed to do it according to the law, but it happens. You should know that if you answer even one question that has been interpreted by the courts as a waiver of your call for the right to remain silent, and if you do not invoke it again, the questioning can continue. It is always wise to invoke your right to remain silent – and to remain silent – even on the most innocuous matters – until a lawyer is present. (A very important exception is if you are arrested for driving under the influence of alcohol. If you refuse to undergo chemical testing, you face serious consequences under the law.) Even if the judge or jury finds you guilty, the trial is still ongoing.