Facing an arrest in San Diego is undoubtedly overwhelming, but your response in those critical moments can significantly impact your case. I’m Marc Kohnen, a criminal defense attorney with years of experience representing clients in the San Diego area. In this guide, I’ll walk you through the essential steps to take if you’re arrested to safeguard your rights and protect your future.
Step 1: Stay Calm and Comply with Law Enforcement
The instinct to resist or argue is natural, but doing so can worsen your situation. Staying calm and following officers’ instructions doesn’t imply guilt; it’s a way to ensure your safety and preserve your rights.
- Complying Isn’t an Admission of Guilt: Cooperation simply minimizes escalation. Remember that how you conduct yourself can impact how your case proceeds.
- Avoid Physical or Verbal Confrontation: Anything you say can be used against you, so avoid making statements that could be misinterpreted.
Step 2: Know Your Miranda Rights
Upon your arrest, the police are required to read your Miranda Rights, which protect your constitutional rights.
- Right to Remain Silent: Your words can be used in court, so it’s wise to refrain from talking without a lawyer present.
- Right to an Attorney: Legal representation is invaluable. If you cannot afford one, the court will provide a public defender, but an experienced attorney familiar with San Diego’s legal system offers a strategic advantage.
Step 3: Limit What You Say
While basic information like your name is necessary, refrain from answering any other questions or explaining your situation until your attorney is with you.
- Wait for Your Lawyer: It’s common for officers to try building rapport to get you to talk. Politely decline to answer questions until your lawyer arrives.
Step 4: Request an Attorney Immediately
Requesting an attorney as soon as possible is critical to protecting your rights.
- The Importance of Timing: Early involvement allows your lawyer to start building your defense, securing evidence, and identifying procedural violations.
- Hire a Local Attorney: Finding an experienced criminal defense attorney who understands San Diego’s court system can make a meaningful difference in your case’s outcome.
Step 5: Document the Details
As soon as possible, take note of key details from your arrest, which can be valuable for your defense.
- Record Relevant Information: This includes time, location, and the officers involved. If there were witnesses, note their details as well.
Step 6: Post Bail if Possible
If given the option, posting bail allows you to leave custody and begin collaborating with your lawyer on your defense.
- What if You Can’t Post Bail? In cases where bail is unaffordable, your attorney may request a bail hearing to reduce the amount or seek your release on your own recognizance.
Step 7: Preparing for Arraignment
Your arraignment is where you’ll hear the charges and enter a plea.
- Understanding Plea Options: You’ll choose between guilty, not guilty, or no contest. An experienced attorney will guide you through this process, advising you on the best course based on your case.
Step 8: Building Your Defense
Following your release, your attorney will build a defense by gathering evidence, reviewing police reports, and preparing arguments.
- Challenge the Arrest: A key defense strategy is examining whether law enforcement followed proper procedures. Lack of probable cause could lead to reduced or dismissed charges.
Step 9: Facing a Criminal Trial in San Diego
If your case goes to trial, your attorney will present evidence and arguments in your favor.
- Role of Evidence: Your lawyer will focus on casting doubt on the prosecution’s case, potentially challenging evidence or highlighting violations of your rights.
Frequently Asked Questions
- What rights do I have during an arrest?
You have the right to remain silent and the right to an attorney. It’s best to wait for your lawyer before answering questions. - Should I talk to the police without a lawyer?
No, even if you believe you can explain yourself, wait for legal counsel. - How soon should I post bail?
If you have the option and can afford it, posting bail as quickly as possible allows you to prepare your defense from outside custody. - Can a lawyer get my charges dismissed?
While each case is unique, an experienced attorney can challenge the arrest’s legality, which may lead to charges being reduced or dismissed. - What if I can’t afford a lawyer?
The court will appoint a public defender, though hiring a private attorney often provides a more personalized defense.
Conclusion
Being arrested is intimidating, but with a clear plan, you can effectively protect your rights. Staying calm, asserting your right to an attorney, and working with an experienced criminal defense lawyer can be instrumental in shaping the outcome of your case.
For immediate assistance, call us anytime at (619) 398-2500 or contact us online to schedule a consultation with a San Diego criminal defense attorney.
Visit: https://msklawyer.com/
