Your Legal Rights After an Arrest

Whether it is because of a terrible mistake, willful disregard or a false accusation, getting arrested is never a pleasant experience. This situation can be embarrassing and damaging to your reputation and future outlook. Still, no matter what crime you’ve been accused of committing, you do have legal rights. These can protect you from unfair treatment and help assure that you’ll get a just trial. If you require legal assistance, contact our San Francisco, CA criminal defense attorney today.

• The Right to Remain Silent

Anyone who knows anything about Miranda rights recognizes this protection. It is the first sentence the officer should say to you when you are formally placed under arrest. This means you don’t have to answer questions or say anything about yourself or the circumstances that led to your arrest until you have an attorney with you. Unfortunately, too many people waive this right or ignore it. Another part of the Miranda reading states that “anything you do or say can be used against you in a court of law.” Realize that your actions at this time could incriminate you or lead to further charges. Don’t say a word at this time.

• The Right to an Attorney

It is critical that you have a lawyer present with you at the time of questioning. Your lawyer will advise you what to say and what questions to answer or ignore. An experienced criminal justice lawyer understands the arrest process and how you should act during this time. The lawyer will also make sure that the investigators don’t ask inappropriate questions and that your rights and interests are upheld. If you don’t have an attorney or can’t afford to hire one, you have the right to ask for a public defender to represent you.

• The Right to Decline Being Searched

Unless the arresting officers have the legal right to do so through a search warrant, they can’t search you or your home without your permission. You are at liberty to deny them this request. Make sure you are calm and polite about making this refusal. Getting emotional will only increase your chances of law enforcement officials detaining you.

• The Right to Ask Officers to Let You Leave

If the interrogation following your arrest does not lead to a formal charge, you may ask the officers if you are free to go. If there are no criminal charges filed against you, there are no requirements for you to stay.

Of course, you never intend to be in a position where you are arrested. However, some preparation and foreknowledge can protect you.

Contact Our San Francisco Criminal Defense Attorney Today

Please call us today to schedule an appointment with a San Francisco criminal defense attorney from The Morales Law Firm. Your first consultation is free, so do not hesitate to speak with a member of our legal team to go over the charges being held against you. The sooner you find the right criminal defense attorney San Francisco California can provide for you, the sooner you can receive legal guidance and support for your case.