WHAT HAPPENS AFTER AN ARREST?
Learn About the Criminal Justice System. Being arrested is frightening. Having a knowledgeable attorney to represent you can make all the difference. At Tabibnia Law Firm, we will guide you through the entire process of securing your rights and ensuring that you engage in an effective strategy at every stage. If you have been accused of a crime, arrested, or under investigation, please contact our criminal defense lawyer immediately.
Generally, you can be arrested if:
- A law enforcement officer observes you committing a crime.
- You are suspected of committing a felony, and the police officer believes that he or she has enough evidence to bring you into jail.
- The court has issued a warrant for your arrest.
Once you have been arrested by a law-enforcement agency, certain rules will be followed. You must be read your Miranda rights before being questioned by police officers. These rights include your right to remain silent, a warning that anything you say can be used against you, your right to have a lawyer present during any questioning by law enforcement, and notice that if you cannot afford your own lawyer, one will be provided by the state for you. The Miranda rights are the legal warnings that must be read to you immediately upon arrest. Make sure you consider these points carefully.
Silence can be a good defense strategy even when you know that you are not guilty. The police cannot use your silence as a sign of guilt. If the police arrest you and interrogate you before telling you that you have a right to remain silent, any statements made by the suspect may be excluded from evidence at trial. However, any statement you make before being given your Miranda rights is not protected.
A criminal defense attorney will emphasize that a person should only provide law enforcement with identifying information when lawfully required to do so.
Then you should politely tell the officers that you are remaining silent and requesting an attorney. Do this even if you have not read your rights.
Law enforcement officers may keep questioning you even after you have invoked your right to remain silent. The law does not allow them to do this, but they often find a way around it.
If you answer just one question, the courts have ruled that this can be interpreted as a waiver of your right to remain silent. Once waived, police are allowed to continue questioning without your permission. It is always best to remain silent when questioned by police, so that you don’t inadvertently give them any information that could be used against you in court. One major exception is when you are arrested for driving under the influence. If you refuse to submit to chemical testing in these circumstances, you will face severe legal penalties.
Know Your Rights If You Are Arrested
It is important to know what your rights are when dealing with law enforcement officials, and you should never be afraid to assert those rights. You have the right to remain silent. If you are unsure of your situation, it is best not to explain or talk yourself out of trouble—just be as quiet as possible until a lawyer can advise you.
If you are questioned by the police, call a criminal defense attorney Cyrus immediately and have your attorney present during questioning. Contact our criminal defense attorney. Cyrus will stay with you during your police questioning and advise you on the charges and how to proceed. He will guide your family and friends through the difficult time and explain to them what procedures are needed for you now.
After an arrest, here’s what you can expect:
- Plea Bargaining
The police can arrest you and take you to the station for fingerprinting, photographing, or both. If your bail is set, you may be released on bail and required to appear at your hearing. At your first appearance before a judge, called an arraignment, you will be represented by either the attorney you hired or one who is appointed by the state. The judge will read you your rights and the charges against you. You will then enter a plea (invariably, a “not guilty” plea). If you were arrested for a minor offense and released prior to the arraignment, your case will be scheduled for an arraignment. If you do not appear on that date, a warrant may be issued for your arrest. In most cases, a person who has been arrested for a crime must be arraigned within two days of being booked into jail or court (excluding weekends and holidays). At the arraignment, you will either be released on your own recognizance or held in jail while waiting for a bail hearing (or, in rare cases, deny bail). However, this is subject to change as the cash bail system in California is in legal limbo. As of October 1, 2019, California was slated by legislation to end the bail system, replacing it with a risk assessment tool. The legislation has been put on hold pending the outcome of a ballot proposition that was scheduled for November 2020.
Bail is usually determined by a bail schedule, which varies from county to county. Judges are under no obligation to set bail at the recommended levels on a bail schedule. If the alleged offense is serious or you have a prior criminal history, for example—or if the court has other reasons to believe that you might not show up in court (“jump bail”) when your case comes up again—the judge may set an amount of bail that is higher than what’s usually recommended.
If you cannot afford the full amount of bail set by a judge, your criminal defense attorney will seek to have the bail reduced. Criminal defense attorney Cyrus Tabibnia has been successful on many such bail reduction motions. For defendants who are not able to meet the minimum bail amount, Attorney Cyrus can petition a judge for a reduction of their bond.
Tabibnia Law Firm’s attorney Cyrus Tabibnia personally handles each case, so you can be sure that your particular situation is being treated with the utmost care. Our attorneys’ years of experience, including work as prosecutors, give our insights invaluable. With our legal team representing you, you will be prepared at every step of your criminal defense or family law case. If you want a legal team that is skilled at identifying and exploiting flaws in the prosecutor’s or opposition’s case, look no further than Tabibnia Law Firm. We will work tirelessly to build a proactive defense or compassionate advocacy for you.