What Happens After an Arrest in Gold River, CA
If you’re arrested, a police officer will search you either at the scene or in jail to search for any concealed weapon as well as to search for evidence. After the arrest, a full search will be conducted of your person and surroundings to see if you have any weapons, contraband, stolen items, or evidence of a crime. Any evidence or contraband found will be seized.
Search and Inventory
A police officer will secure any money or personal items found during the search, and put it in an inventory. You will then be asked to sign this inventory, to make sure that you’re aware of all your personal belongings that they have in custody.
The Booking Process
After being arrested, you’ll be booked by the police. This is a process where they’ll ask you for basic information such as your name, birthday, and address. You’ll also be fingerprinted and photographed for the law enforcers to have a record of you and the arrest. Arrest records are usually published by newspapers, and they can usually be found online nowadays. They may also ask you to provide a handwriting sample or to participate in a line-up. You may consult with a lawyer whether you should, or shouldn’t do these.
If you’re not booked but have been detained for a few hours or overnight, your defense attorney can ask a judge to issue a writ of habeas corpus, or an order informing the police to bring you to court to determine whether you’re being held lawfully.
After the booking process, your information will be given to a prosecutor who will then decide what charges, if any, should be filed against you.
If you’re currently facing criminal charges, it is important to seek the advice of a competent Sacramento criminal defense attorney right away. An experienced attorney will be able to explain these complex procedures to help you with your case.
If you’re arrested and questioned by the police, you must be informed of your legal rights to remain silent and to seek the help of a lawyer, which usually goes along the lines of:
“You have the right to remain silent and refuse to answer questions. Anything you say may be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.”
This is known as the Miranda Rights, named after Ernesto Miranda, a criminal defendant who challenged his conviction and arrest and won his appeal at the Supreme Court.
The Court ruled that if the police officers question an individual in custody, the evidence gathered from the interrogation can’t be used against them unless they’ve been informed of their constitutional rights to remain silent and to seek the legal help of a lawyer.
Invoking Your Rights
As we have stated, police officers are required to give you your Miranda Rights if you’re accused of a crime before interrogating you. You may think that by simply remaining silent, you’re already using your right to remain silent. However, to properly invoke those rights, you must explicitly say to the officers that you want to invoke your rights against self-incrimination.
This basically means that you have to say this to the officers in a clear and unambiguous way. Otherwise, they may continue interrogating you and use it against you in court.
Being charged with a crime can be extremely overwhelming. Right now, everything is at stake. It is not easy to deal with a criminal case alone, so it is best to connect with experienced and trusted Gold River criminal defense attorneys to be on your side during this legal battle and help you come up with the best possible legal defense.
If you’ve been charged with drug crimes, domestic abuse, a white-collar crime, or sexual misconduct, our criminal defense lawyers at Chastaine Law Office can help you protect your freedom, keep you from having a criminal record (expungement), and keep you out of jail. Contact us today for a free consultation and legal counsel.