Been Arrested?

Your freedom and future are at stake.

If you are arrested or questioned regarding a crime, you may feel intimidated and unsure about what happens next. At Glew & Kim, we believe that to protect your rights, you must know your rights. Your actions at the time of arrest can make a significant difference in the outcome of your case.

What should I do if I am arrested by the police?

Remain calm and clearly say that you want to remain silent and speak with a lawyer before answering questions about an alleged offense. Contact an attorney as soon as possible. If you cannot afford counsel, tell the court so it can determine whether to appoint an attorney.

What should I do if I am contacted by the police, or stopped while driving?

If police contact you or stop you while driving, remain calm, follow lawful safety instructions, and ask to speak with an attorney before discussing an alleged offense. A traffic stop can involve obligations to provide your license, registration, and insurance information.

Avoid guessing, arguing, or offering explanations about an alleged offense. Statements you make may become evidence. Keep track of what happened and discuss it privately with your attorney.

Do not assume that every roadside or chemical test is optional. California chemical-testing requirements and refusal penalties depend on the circumstances, including arrest, age, and DUI probation status.

Should I decline field sobriety tests?

Physical coordination tests and chemical breath or blood tests raise different legal issues. Refusing a required chemical test can lead to license suspension or revocation and other consequences. Your age and probation status can also affect testing obligations. Ask a lawyer to review your situation rather than relying on a blanket instruction to refuse all tests. See California DMV guidance on DUI testing and refusal.

Won’t it look like I’m guilty if I refuse to talk to the police?

Exercising your rights is not an admission of guilt, but the legal treatment of silence depends on the circumstances. Clearly state that you wish to remain silent and want a lawyer. An attorney can assess whether statements or silence may be used in your case. See Salinas v. Texas (2013).

What happens after I am arrested?

After an arrest, police may take you into custody and complete booking. Remain calm and follow lawful safety instructions. Ask for a lawyer before discussing the alleged offense; informal conversations can also become evidence.

Booking may involve identifying information, fingerprints, and a photograph. Ask for medical assistance if needed and tell your attorney about any concerns regarding your treatment.

The right to remain silent about an alleged offense does not mean you should refuse every booking requirement. Ask for counsel and follow lawful instructions concerning identification and processing.

Release conditions vary. A court may consider bail, release on your own recognizance, or continued detention based on the circumstances. There is no universal $25 bail fee. Review your release paperwork and consult an attorney about the conditions and court dates. See the California Courts criminal court overview.

What happens when I am released from custody?

Follow the written instructions and court date on your release paperwork. Contact an attorney promptly to discuss your first appearance and representation. Do not assume you can miss a hearing or that release ends the case.

The police did not read me my Miranda rights. Can I get my case dismissed?

A missing Miranda warning does not automatically dismiss a case. An attorney must examine whether there was custodial interrogation, whether rights were waived, and whether a statement can be excluded. The effect on the case also depends on the remaining evidence. See Miranda v. Arizona (1966).

What Should I Do Now?

No matter where things are in your criminal case, the No. 1 way to protect yourself from further harm after an arrest is to contact an attorney right away. It is too easy to make mistakes that can harm your own case if you try to explain or defend yourself. Call (714) 648-0004 or email us through the Contact page of this site to get the information you need to fight the criminal charges.