Question: I have been arrested. What are my rights?

Answer:
You have several rights given to you by the Constitution. Among those rights are:
· Right to Remain Silent
By all means do not talk to the police until after you have talked to a lawyer. This is sometimes referred to as the right against self-incrimination or "Miranda rights." You are not going to talk your way out of being arrested, that decision has already been made. The courts have ruled that the police are allowed to lie to a suspect as a tactic to get them to "cooperate" and confess to a crime. When the police tell you that they will tell the judge that you cooperated, they are telling you the truth, but not in the way you think. Your explanation or rationalization will sound like a confession when those agents testify for the prosecutor against you at trial. The right to remain silent is an important right that you should keep. Tell the police in no uncertain terms that you do not want to talk to them and that you want a lawyer.

· Right to an Attorney
You have the right to have an attorney to represent you. The judge hearing your case is an attorney, the prosecutor is an attorney and the police/law enforcement officers are trained professionals. Let's face it, you are not on a level playing field, you need the help of an experienced professional who handles these types of cases on a daily basis.

· Right to a Reasonable Bond
You have a Constitutional right to a reasonable bond. Unfortunately, there are exceptions for certain charges such as first degree murder (state court) and major drug cases or crimes of violence (federal court). There are standard bonds set for almost all charges in state court. Some of these bonds are fairly reasonable, but many of the bonds are extremely high. If you have "ties to the community" (which basically means things like family, friends, stable employment, kids in school or other facts which show that you live a stable lifestyle), then there is a good chance that a motion can be filed to get the bond reduced. In federal court things work a little differently. You must always go to court to have your actual bond set. So, if you are arrested on federal charges, you will have to go to court before the magistrate judge to get your bond set. You will definitely need an attorney to represent you at this hearing.

· Right to Know What Evidence is to be Used Against You
You will not be getting this evidence at the time of your arrest, but in order for you to be properly represented in the case, this is a very important right. Depending on whether you are charged in federal court or state court the kind of material and information you will receive.

· Right to a Fair Trial by an Impartial Jury
You have a right to a jury trial before people who live in your community. Of course, the only way to be certain that you are going to have a fair trial is to have an experienced trial lawyer there to protect you, to be certain that your rights are not violated, and to fight for you all the way through.

Question: What should I do when I am arrested?

Answer:
Answer truthfully the simple questions about yourself that the officers at the booking desk ask you. Whatever you say, make sure it is the truth. Do not give a false name, date of birth or other information of that type. The police will check your name for aliases and check your fingerprints to see if there are any matches. If you have been arrested anywhere or have ever had your fingerprints taken for a job, there is an extremely good chance that they will be able to match your earlier prints to the ones that you will be forced to give as part of the booking procedure. If they find out that you have lied to them about something, then they will always use that against you. The less you say the better. Other than that, you should make the phone call that you are allowed after you are booked and make sure that your family or friends do what they can to get you out of jail.

Question: What shouldn't I do after I have been arrested?

Answer:
Do not give the officers a hard time. Remember, there are always more of them than you can handle. At that time, they are in control of virtually everything that happens to you. There is no sense at all in making your life more miserable at that point by giving them a hard time.

Contact us on-line or call (714) 282-1242

Law Offices of Augustin Egelsee L.L.P.
A Law Corporation
8141 Kaiser Boulevard, Suite 315
Anaheim Hills, CA 92808
Telephone: 714-282-1242
Facsimile: 714-282-1231

Ms. Augustin helps families throughout Southern California, including the counties of Orange, Los Angeles, San Bernardino, Riverside, and San Diego.