Keep in mind that if you are ever arrested for a crime, you are protected under some of the amendments to the United States Constitution.
- You do have the right to remain silent, and you have the right to legal counsel.
- You have the right to be told of the charges brought against you.
- You cannot ever be arrested without a probable cause.
- If a probable cause present, your Miranda rights will be read.
There Must Be Probable Cause
Unless there is a probable cause, you cannot be arrested unless a law enforcement agency has a very good reason to make the arrest. The Fourth Amendment of the U.S. Constitution states that probable cause must be present, in order for issuance of an arrest warrant. Probable cause does include situations or actual evidence that would cause any person with common sense to believe that a crime had been committed.
Your Miranda Rights Read
Once taken into custody and arrested, the law enforcement officers will more than likely make every attempt to question you pertaining a particular crime that you may have been involved with. Of course, they will more than likely use misleading questions or strategies to get you to give them the information they want. The Fifth Amendment of the U.S. Constitution protects you against any self-incrimination. Once taken into custody, you must be read your Miranda Rights. Along with your right to remain silent, you are advised that anything you say can be used against you in a court of law. Miranda Rights do enable you to retain legal representation. If you are unable to afford a Criminal Defense Attorney, one will be appointed during your first court appearance. Moreover, you do have the right to have your attorney present during any of the police questioning. This is what you want to remember in the event if ever arrested.
The Arrest Process
If and when arrested for any crime, you will be fully searched. On top of that, your property and/or vehicle may also be subjected to being searched, too. Any type of evidence found during a search will be seized and used during your trial. After taken into custody, you will make a preliminary appearance in front of a judge, in which the charges brought against will be officially read. At your first appearance, an attorney will be appointed if unable to afford one. Once an attorney is retained, he or she will petition the court for bail or for a release pending your trial. It really just depends on your case, as each case is very different.
Being arrested and facing any sort of charge can be very serious to anyone. An experienced and professional Sacramento Criminal Defense Attorney will be able to go over your legal choices and go over the very best course of action for your case. For additional information, contact the Abrate & Olsen Law Group at 916-550-2688.