If You've Been Arrested in California:
Anyone
who is arrested should REMAIN SILENT! This means do NOT answer any
police questions. Just say "I want a lawyer," and contact a lawyer as
soon as possible. Attorneys Glew and Kim are available 24 hours a day,
7 days a week, and can usually visit you in the police station before
you are released or sent to court for bail.
What should I do if I am contacted by the police, or stopped while driving?
Anytime law enforcement contacts you, consult an attorney BEFORE
answering questions. You ALWAYS have the right to REMAIN SILENT! For
most people, that is the best thing to do.
You will not be able to talk the police out of arresting you.
You are much more likely to hurt your case than to help yourself. The
police will write a report later, and somehow, that police report
always seems to cast your conversations with them in the worst possible
light.
A special note for anyone stopped by the police
for drinking and driving: you DON'T have to answer questions, do field
sobriety tests, say the alphabet, stand on one leg, take breathalyzer
tests, or give the police any information, other than what is necessary
for booking.
Remember - decline field sobriety tests! The
fact that you refused these tests CANNOT and WILL NOT be admitted at
trial. Field tests are often carried out under terrible circumstances,
and they can easily yield bad results, even for sober people. The
police routinely ignore the guidelines for giving such tests, yet those
test results will be used against you if the police think you failed
them.
But won't it look like I'm guilty if I refuse to talk to the police?
NO! Your silence is NOT admissible in court! The
police do not decide if you are guilty - that's the court's job. So
keep quiet, except to say "I want a lawyer." If the police are trying
to get you to talk about something, it usually means they already think
you are guilty. Nothing you say will convince them otherwise. They will
never admit to you that their only goal is to develop a case against
you. The police will say anything to get you to incriminate yourself.
Do not trust them when they offer to let you tell "your side of the
story." Remember, no matter what, silence is your right, and the jury
will never hear that you refused to answer questions, take field tests,
or take a breath test.
What happens after I am arrested?
You
will be handcuffed and transported to the police station for booking.
Don't talk to the police in the car! They may seem to be making small
talk, but they will use what you say or how you say it against you if
they can.
Booking is when the police get identifying
information from you. They request your name, address, and other such
information, and you will be photographed and fingerprinted. You should
give this basic information to the police, but say as little as
possible during the booking process.
If you are too
scared or disoriented, simply decline booking. You will be placed in a
cell, and the police will try book you later. Be aware, however, that
you will not be processed until you are booked, and a delay in booking
will result in more time in custody.
After booking,
you will usually be asked to post a bail fee of $25 (so long as you
have valid identification, no criminal record, and the case does not
involve domestic violence). After that, you can leave. If you have a
criminal record, bail may be set by a magistrate, or the police can
hold you until the next morning for a judge to set bail.
After
being released from custody, you will be given a date and time to
appear in court for your arraignment. An arraignment is simply the
court's chance to formally tell you what the charges are against you.
Always go to your arraignment! Defaulting on a court appearance is a
serious matter.
The police did not read me my Miranda rights. Can I get my case dismissed?
No! No case has ever been dismissed because a police officer forgot to
read a person his rights! The police only have to read you your rights
if they want to ask you questions. The worst thing that happens if they
forget to read you your Miranda rights is that any statements you make
can't be used against you in court.
Remember:
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