background
Call Today - (510) 995-0000

Your Rights During an Arrest

Being arrested can be very intimidating for anyone, but it’s important to remember that you have rights when you are being detained, questioned, and booked by the police. If you are in this situation, you need to know your rights, which include the right to have a lawyer present. Attorney Elliot Silver will stand beside you if you are forced behind bars. He understands how to successfully build your defense and ensure your rights are protected during an arrest.

No matter what charges you are facing, you have important rights during an arrest which should not be ignored. Call Silver Law Firm today at (510) 995-0000 to make sure your rights are respected.

Understanding Your Rights

When you are detained or arrested, you are legally required to identify yourself at the request of the police. However, other than that, you are not required to speak or communicate any further without your lawyer being present. This is because you have the right to remain silent when you are arrested or detained. No one can force you to talk to the police. Many people incorrectly believe that the officer must read you your rights as soon as you are detained or arrested, but they actually must do this before questioning you when in custody. It is important to understand that, even if you have not been formally read your rights, any information you voluntarily provide to the police will be used against you. Do not say anything until you speak with your attorney.

Your Miranda rights, named after a 1966 United States Supreme Court case, require that police inform you of your rights during custodial interrogation. These rights include:

  • You have the right to remain silent. You do not have to answer any questions from the police, nor do you have to make any statements.
  • You have the right to consult with an attorney before speaking with the police.
  • If you make any statement, it will be used as evidence against you in court.
  • If you cannot afford a private attorney, one will be appointed to represent you in court. The right to counsel does not attach until you are arraigned.
  • If you decide to answer questions without an attorney present, you may stop at any time and request to speak with an attorney.

In California, it has been clearly established that a Miranda warning must be made before the police interrogate you while you are in custody. Therefore, it is often the case that someone is arrested, and then driven to the police station before their Miranda rights are read by detectives before they begin an interrogation. No matter where your Miranda rights are given, any information that you volunteer to the arresting officers can be used against you in court.

Many people think that all of their charges will be dropped if the police fail to read them their rights. While it is true that a failure to read your rights before custodial questioning is a huge mistake by the police, it does not necessarily mean that you’ll be able to walk away completely free. Custodial questioning occurs once you are already in custody of the police. This error could cause your statements to be barred from your trial, and therefore the prosecution’s case could fall apart, but it does not always mean that your charges will be dropped automatically.

What To Do During Your Arrest

Being arrested can be extremely stressful, and you might think that the police are being unreasonable and possibly abusing their power by employing excessive force. However, it is very important not to fight back during an arrest, or else you may be facing additional charges such as resisting arrest or even assaulting an officer. Remember that cooperation with the police does not mean you have to make any statements or consent to a search. It simply means to not fight an arrest while it is happening. Attorney Elliot Silver will fight the arrest for you in court.

Things to remember to do when you are detained by police include:

  • If you are not in handcuffs, remember to ask if you are free to go. It is possible for police to approach and speak with you in a public place, and you may feel as though you are being detained, but you are actually not being placed in their custody and you are free to go on your way.
  • If you are arrested, ask to speak with an attorney.
  • Do not make any verbal statements regarding your arrest.
  • Do not write any statements down, or sign anything that the police give you without your attorney being present.
  • As soon as you can, take the opportunity to contact someone to let them know you have been arrested. This is your right, and your attorney or family member can help you get out of police custody as soon as possible.
  • Do not talk on the jail telephone!!!! These conversations are recorded!
  • Do not forget to ask police if you need anything such as medication or food. Simple requests such as these will not incriminate you, and you have the right to be treated in a humane manner while in police custody.

Silver Law Firm Can Help If You Have Been Arrested

The most important thing to do when you have been detained by police is to remember that you have rights which include the right to remain silent, and the right to request your lawyer’s presence. Being taken into custody can be nerve-racking. Having an experienced defense lawyer by your side can help you get home.

If you’ve been arrested, contact attorney Elliot Silver if you are in or out of custody. He will come to your rescue and make sure the police do not abuse their power. Call Silver Law Firm today at (510) 995-0000. Attorney Silver will pick up the phone and answer your call, text, or email right away.