Arrested or Convicted in Los Angeles or California?
You need competent criminal defense representation!
Were you arrested in Los Angeles for a crime? Although Los Angeles has been known for its crime, the city’s law enforcement officials have taken a firm stand against criminal activity. If you are arrested in Los Angeles, it’s important to work with an attorney who will aggressively defend your rights and fight for your freedom. Cyrus Tabibnia has successfully assisted clients in obtaining positive outcomes for their criminal cases. Cyrus will help you fully understand the criminal process and aggressively fight to help you obtain the best possible outcome.
The Arrest Process
If you suspect that law enforcement is investigating a crime in which you could be implicated, then contact an attorney immediately. If necessary, the Attorney can suggest surrendering you to the authorities. This may mean that they do not have to come home or workplace and take you into custody in front of your co-workers or family members. Police officers in Los Angeles may arrest a person with or without an arrest warrant, depending on the situation. A warrant is an official document that authorizes the police to arrest a person for crimes that have been committed. After a written complaint is filed, a judge issues an order directing law enforcement officers to arrest the person named in the complaint and take them into custody. The arrested individual will then be taken before a court. There is no need for an officer to have physical possession of a warrant if he or she has reasonable grounds to believe that the warrant was issued in California or another jurisdiction:
- The accused committed or attempted to commit a crime in front of the police officer.
- The officer has enough evidence to believe the accused committed a crime.
What Happens When I am Arrested?
Immediately after an arrest, you may be questioned by the police either at the station or elsewhere. Many people misunderstand the Miranda rights “the right to remain silent,” and believe that remaining silent is all it takes to avoid prosecution. That is not the case. If there is an improper Miranda warning, or no warning at all–which would be a violation of your constitutional rights—it simply means that statement cannot be used against you in court. There may be other evidence that is perfectly legal and can be used against you.
Talking without a Miranda warning may provide more evidence for the prosecution and hurt your chances of being acquitted. If the police decide to take you into custody, they will book you. The identification process will include taking a photograph and fingerprinting. You will be entered into a nationwide database that is accessible to most police departments throughout the United States. You will learn what charges have been filed against you, be informed of the amount required for bail, and typically be allowed to make a single phone call. Make that call to a Los Angeles criminal defense attorney. If you cannot afford an attorney, a public defender will be appointed to represent you. You may meet him or her only just before your first court appearance—at the arraignment where you enter a plea of guilty or not guilty.
Typically, an arraignment must take place within 48 hours of your arrest. If you are unable to post bail during that time period, you will likely have to spend a few days in jail before being released on bond.
How does bail work?
A bail bond is a monetary guarantee that the defendant will appear in court. In other words, each crime has a set amount of bail—except for certain violent crimes. If the defendant can pay this amount, he or she will be released from jail until trial.
There are two options for paying bail: either pay the full amount to the court, which will hold it and return it if the defendant makes all court appearances, or post a bail bond through a bail bondsman. The latter option usually costs 10% of the bail amount, but guarantees to the court that if the defendant does not appear, the full amount will be paid.
Typically, a defendant must post some type of security, such as a house or car, to guarantee to the bondsmen that they will be paid should the defendant fail to make a court appearance. Bounty hunters, or bail enforcement agents, are people who track down defendants who have failed to appear in court.
What should I do after being arrested?
The following are important steps you must take to ensure a favorable outcome in court:
- After being arrested, you should speak with a criminal defense lawyer as soon as possible. You have the legal right to contact an attorney if you are taken into custody.
- It may seem natural to provide details of your arrest to other people, but it is better not to talk about the case with anyone besides your attorney. However, the people you speak with may be called upon to give evidence against you. It’s best to keep quiet about the details of your arrest after you’ve been taken into custody, and instead talk only with a criminal defense attorney.
- Keep a low profile until your court date. It is important to behave well while you await your court date, even if you feel that the charges against you are unfair. Avoid breaking any more laws or getting yourself into new legal problems while your current case is pending.
- Dress and behave appropriately in the courtroom. When appearing before a judge or jury, it’s important to make a good first impression. Dress in a manner that shows respect for yourself, the people around you and your environment. Do not wear tank tops, sandals or short skirts. Cover all visible tattoos and markings to avoid being mistaken for a gang member.
- Don’t agree to prosecutors’ offers of a plea bargain. Prosecutors may offer you a plea bargain, allowing you to plead guilty to a lesser charge and avoid going to trial. However, it is important for defendants to understand that only a skilled criminal defense lawyer can advise them of the pros and cons involved in taking or rejecting a plea deal.
Private Attorney vs. Public Defender
Although some public defenders are extremely talented lawyers, the government employs them and creates an enormous workload for each lawyer. Public defenders do not have the time to find all possible legal solutions for their clients. A private criminal defense attorney can help you fight a case against criminal charges and preserve your rights, reputation, and freedom. Your attorney will always be available to consult with you, whereas public defenders have a more limited availability. An accused has the right to a public trial by an impartial judge or jury. No one can be forced to be a witness against himself or herself, no matter what the circumstances. Nor should anyone’s life, liberty or property be dispossessed without due process of law. The government cannot impose unreasonably high bail or fines on defendants. Cruel and unusual punishment is prohibited by law. If you have been arrested, do not wait to contact the Tabibnia Law Firm. Our Los Angeles Criminal Defense Attorneys will be able to start working on your case right away.