Legal Rights on Arrest
Don`t resist a law enforcement officer trying to arrest you, even if you`re innocent. The fact that you are innocent does not make the arrest unlawful if the officer`s actions meet the requirements of a lawful arrest as stated above. In the case of an arrest without a court order, a judge, justice of the peace or bail commissioner decides whether there was probable cause for the arrest. A public servant could reasonably believe in good faith that he or she had a probable reason, but a judge could later determine that there was in fact no probable reason. You may be asked to waive your Miranda rights so that the police can question you without a lawyer. You do not have to waive these rights. Tell the police as soon as possible after your arrest that you want to talk to a lawyer. You have the right to contact a lawyer. If you cannot afford to hire a lawyer, a lawyer will be appointed to represent you from the court. An arrest can be legal, even if the police are mistaken about your guilt. The police don`t need to be right. You just need to have a probable reason to believe that you have committed a crime.
When arresting a citizen, a person may not use more force than is appropriate for the arrest. Once arrested, you will be taken into custody (with the exception of certain summons and release offences) and registered at the police station. For minor infractions, you can be exempted by yourself after booking. All other arrests, and certainly for one arrest, you will be held in jail until you are charged. Once you are arrested, certain procedures must be followed by the law enforcement agency making the arrest. Most importantly, you need to read your Miranda rights. These rights include your right to remain silent, a warning that anything you say can be used against you, your right to have a lawyer present at every law enforcement interrogation, and notification that if you cannot pay for your own lawyer, one will provide you with one by the state. These rights must be read to you immediately after arrest. Pay special attention and consider them carefully! Even if you know you`re innocent, it`s always a good idea to remain silent until your defense attorney is by your side. The police cannot use your silence to implicate you in the alleged crime. An arrest warrant is an order made by a judge describing the person to be arrested and the charges against them.
It orders all law enforcement officers to arrest the person named in the complaint. 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. Probable cause is an extremely important part of the policing process. When the police ask a judge for an arrest warrant, the judge first decides whether his testimony is sufficient to give a probable reason to commit a crime. 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.) An individual may make an arrest in certain circumstances. The law authorizes a citizen to detain or detain another person if that citizen has probable grounds to believe that a crime other than a violation of the order is being committed. However, the law does not authorize a citizen to arrest or detain another person simply on suspicion that a crime has been committed; The citizen must have direct personal knowledge of the commission of the crime. All the arrester must do is prevent the accused from leaving the premises. For example, a person arresting a citizen may grab the accused by the arm and say something like, “Stop.
I hold you to be the police. Once arrested, you have the right to remain silent. This means you don`t have to answer questions or make statements to the police or anyone else. While you may want to make a statement at a later date, don`t make this decision without talking to a lawyer. As far as arrest warrants are concerned, you do not have the right to avoid arrest even if the police do not have an arrest warrant. As long as the police have “probable reasons” to believe you have committed a crime, they can arrest you. An exception is when you are in your home, given the old adage: “A man`s house is his castle.” Subsequently, an arrest warrant may be required. In all but a few cases, you are entitled to bail, which may be a guarantee or a personal guarantee of recognition. Security is a sum of money or property that is pledged for the accused to appear in court. If he does not appear in court, the bail set by a judge to the government is forfeited. A guarantee of recognition is a written promise by the accused to appear in court.
If he does not appear, he must pay a certain amount of money to the court and be convicted of the crime at a later date. When you will be brought before the magistrate after your arrest depends on when you are arrested and whether you are charged with violating a federal or state law. A lawyer can be helpful in getting a reasonable deposit. Mr. Weinberg undertakes to vigorously defend his clients to the extent permitted by law. If you have been arrested, they will be available for a free consultation to discuss the circumstances of your case and advise you on your options. Contact them using this online form or by emailing bill@williamweinberg.com or calling their Irvine office at (949) 474-8008. An individual can arrest a citizen only 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.
Arrests are usually made by an authorized person, such as a police officer or sheriff. These officers may make an arrest by means of an arrest warrant or, in certain circumstances, without an arrest warrant. An arrest warrant is a document that gives the power to do something – in this case, arrest. If you have been arrested and before answering questions, it is 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. If you are arrested before you can be questioned, the officer who arrested you should give you a Miranda warning. A Miranda warning is designed to inform you of your constitutional rights. As a general rule, you should tell the police questioning you that you choose to remain silent.
If you don`t tell them, they can legally continue to question you. You can assert your rights at any time during a hearing. Even if you have already answered the questions, you can stop the interview and assert your rights. The right of individuals to arrest a citizen is limited. You cannot arrest people for violating local ordinances or regulations, as these violations are not technically crimes under state law. An individual cannot arrest a citizen for something like a noise offence. These rights should be proclaimed prior to any questioning by arresting officers. But an important difference is that Miranda rights should only be read when a person is arrested – that is, in detention – and law enforcement wants to question them. Arrests can take place anywhere, from public sidewalks to the police station.
The important difference that Miranda rights must be read is that you must be detained if you are not free to leave. If you are not yet in detention and therefore not in detention, Miranda rights do not need to be read. Technically, a police can interrogate you without them. Of course, this doesn`t mean you can`t refuse to answer whether or not you`ve heard your Miranda rights. One trick the police often play is not to arrest you, but to question you anyway – without having to stress your right to remain silent or speak privately with a lawyer. The police are not obliged to read you your Miranda rights until you have been detained. If the police take you into custody and do not read your Miranda rights, your case will not necessarily be dismissed. While your answers to the police can`t be used against you in court, there may be enough other evidence to prosecute you anyway.
