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What Happens After An Arrest?

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, Cyrus 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 crime, 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:

  • Booking
  • Arraignment
  • Plea Bargaining
  • Trial/Sentencing

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 attorney’s years of experience, including work as prosecutors, give our insights invaluable. With our attorney Cyrus representing you, you will be prepared at every step of your criminal defense or family law case. If you want an attorney that is skilled at identifying and exploiting flaws in the prosecutor’s or opposition’s case, look no further than Tabibnia Law Firm. Cyrus will work tirelessly to build a proactive defense or compassionate advocacy for you.

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    I would like to sincerely thank my attorney Cyrus Tabibnia and the Tabibnia Law firm for everything you have done for me and my family. Highly satisfied customers and excellent service is what you want when you hire an attorney. I was always treated with respect, if I needed anything or had any questions or concerns Mr. Tabibna was always available. I give a five-star rating as one of his clients and would honestly give a ten-star review if I could, because he is an awesome attorney worth every penny. I would highly recommend to anybody looking for a criminal defense attorney that Cyrus Tabibnia and his law firm be the one you consider
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    My family had an urgent matter late on a Friday night. Cyrus took our call at 10p, listened to our situation, and answered all our questions. He was thorough in his explanations and addressed our concerns. What we appreciated the most was that he was not pushy and walked us through different approaches for our situation. We have not needed legal representation yet, but with Cyrus’ flexibility, transparency, and straight forwardness, we would highly recommend him.
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    14 December 2023
    I had a DUI charge where I was having difficulties having an attorney give me the time of day to hear me about my case. I called different places and finally found Cyrus Tabibnia Law Firm a criminal Defense Attorney. I called him and he promptly returned my call. He sat down with me and listened to me, he understood my situation and gave me the peace of mind that lifted the stress I was going threw off my shoulders. He took control and walked me through everything. He explained the process of what to expect and what to do. Whenever I needed to talk to Cyrus, he made himself available to me. I was happy with the outcome of my case and would definitely recommend anyone to give Cyrus Tabibnia a call if they need a dependable criminal attorney to represent them.
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    19 November 2023
    Mr. Cyrus Tabibnia has been outstanding in his knowledge and work related to legal matters. I have very much appreciated working with you.
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    14 November 2023
    Dedicated Attorney I have had the privilege of knowing attorney Cyrus Tabibnia since 2010, when he used to be a dedicated Board member at our local Bar Association in Los Angeles. He has always been respected by his colleagues for his legal contribution to the members of the Bar Association. While interacting with him professionally, I have found him to be a man of integrity, a competent counsel and zealous advocate for his clients in a variety of civil and criminal cases. Despite his busy professional schedule, Cyrus adheres to his family values and keeps his precious friendship with the rest of us. I am honored to call Cyrus a colleague and endorse him for the services that he offers to the public.
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