What to Do After an Arrest in California

Being arrested by the police can be a very stressful and confusing situation for you and your loved ones. If you’re arrested by the police as a possible suspect in a crime, one of the things that you have to remember is that you have the right to remain silent and to speak with an attorney to understand your case better. Our experienced and competent Gold River criminal defense attorneys can defend you from the moment you’ve been arrested and charged with a criminal offense until the case is wrapped up successfully.

If you are facing assault or battery charges it is essential to obtain representation from a skilled Sacramento County attorney immediately. At The Chastaine Law Office, our legal team has more than 30 years of experience in criminal law.

Our assault and battery lawyers in Sacramento, CA will be able to ensure that your rights are safeguarded throughout the entire process. An attorney will be able to analyze your case, develop a legal strategy and potentially help you obtain a charge reduction or a dismissal of all your charges.

Facing Criminal Charges?

Our Sacramento County criminal defense attorneys are near you in Gold River, CA. We are ready to fight for you. Contact The Chastaine Law Office to schedule a consultation and begin your defense today.

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What Happens During an Arrest in Gold River, CA

An individual is arrested when the police take them into custody. You’re under police custody if you’re not free to leave. While people who are arrested are usually taken to jail, an arrest actually begins earlier. One example of this would be a person being stopped and suspected of robbery and being questioned by the police.

During an arrest, the police don’t necessarily have to read the Miranda Rights, but they must read it before interrogating a suspect. So plenty of police departments recommend that the Miranda Rights be read during an arrest so they can start questioning right away.

When can an arrest be made?

An officer may make an arrest under these circumstances:

  • The police officer personally witnessed a crime.
  • The police officer has probable cause to believe that the individual arrested has committed a crime or felony and has violated the law
  • The police officer has an arrest warrant that was issued by a judge after a grand jury returns an indictment or a prosecutor files a case. If you’re the subject of that warrant and you’re not yet in the custody of the police, then a police officer may arrest you, or, if you’re already aware of the warrant, voluntarily turn yourself in. If it’s not a serious offense, then you may be required to simply appear in court instead of being arrested.

Can force be used during an arrest?

When making an arrest, the police are not allowed to use excessive force or force that is likely to cause serious bodily injury. This is protected by the U.S. Constitution.

The police are only allowed to use minimal force to protect themselves when arresting a suspect and bringing them to police custody. This is why when being arrested, it is best to cooperate with the police even if you think that the arrest is unjustified as resistance could lead the police to use more force against you.

If you’re arrested, the law enforcement officers must follow legal procedures during and after the arrest process. The arrest takes place when you’re taken into custody, and you’re no longer free to leave the precinct and walk away from the arresting officer.

If you think that it was a wrongful arrest, you can challenge it later on with the help of a criminal defense lawyer and, if warranted, file a civil rights case for police misconduct.

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.

Miranda Rights

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.