Here’s something to remember if you are ever arrested: YOU HAVE RIGHTS! Law enforcement officers have certain rules they are supposed to follow during and after an arrest. If an officer failed to follow these during your arrest, this could mean that your Constitutional rights were violated. It is vital that you know what you rights are so that you can protect them when necessary. One good way to learn what your rights are is to take a look at the Miranda Rights. These are the rights that the officer is supposed to recite to you at the time of your arrest. This recitation should inform you of:
- Your right to remain silent
- The fact that anything you say can be used against you in court
- Your right to an attorney
- You right to have an attorney appointed to you if you cannot afford one
The first two lines listed above reflect the right we have against self-incrimination, which is provided under the Fifth Amendment of the U.S. Constitution. Even if you are innocent and simply want to cooperate with the police, you must remember that prosecutors can later take what you said, put a negative spin on it and use it against you in the courtroom. Make sure avoid answering questions by officers about the alleged crime until you are able to have your lawyer present. Exercise your right to remain silent!
If the officer does not read you your Miranda Rights, your attorney may be able to have any statements you made removed from the evidence that can be used against you. While this often leads to cases getting dismissed, there is no guarantee that this will happen or that you will be able to avoid conviction.
You are also entitled to other rights after your arrest. For example, California law (Penal Code §581.5) gives individuals
the right to make at least three completed phone calls within three hours of the arrest to any of the following: a lawyer, a bail bondsman and/or a relative or another individual. Two additional calls can be made if the calls are related to the arrested individual’s minor child.
For further information about your state rights when you are being accused of a crime, do not hesitate to contact our San Diego criminal attorneys at The Law Office of Marc S. Kohnen. If your rights have been violated in any way, we want to help you seek corrective action. We can provide you with aggressive
criminal defense against your criminal charges. We handle cases involving various types of misdemeanor and felony charges.
Contact The Law Office of Marc S. Kohnen to find out how we can assist you!