Being arrested can be a frightening experience. However, you must remember that there are specific procedures law enforcement officers must follow during an arrest, and you do have legal rights during this process.
When being placed under arrest, it is best to remember to remain calm and provide law enforcement with your identifying information. Next, advise the police officer you wish to remain silent, and you are requesting an attorney. Do not give additional information to the officers.
If you have been arrested, you should immediately call our leading Orange County arrest lawyers at The Law Office of Scott D. Henry. Our team of experienced criminal defense attorneys could quickly be there to assist you through every step of the process. We understand how much is at stake and could take steps that could result in a positive outcome.
In California, an individual is typically arrested when:
Additionally, there are specific procedures law enforcement officers must follow. One of the most critical procedures they must adhere to is the reading of your Miranda Rights. Scott D. Henry and his team cannot stress enough to clients that it is always best to remain silent during the arrest process until your attorney is by your side.
The officers may still attempt to question you even though you have expressed your request to remain silent. Remember, law enforcement officials cannot use your silence against you. If you speak to them, you run the risk of incriminating yourself. That is why it is crucial to have effective legal representation. We could represent you throughout the entire process and assist you if law enforcement officials question you.
Additionally, we could discuss the charges and determine the best course of action in moving forward. This is a crucial point in the criminal process, so you should have the most skilled representation to help you fight for a favorable outcome.
After an arrest, law enforcement officials will book the individual. The officers may ask them basic information, such as their birthdate and address, then photograph and fingerprint them. Depending on the case, the accused may also need to participate in a line-up.
There are times when law enforcement detains someone but does not book them within a reasonable amount of time. In this case, a local attorney could go to the judge to obtain a writ of habeas corpus following an arrest. This court order demands the officials show a valid reason for the individual’s detainment. A writ of habeas corpus, therefore, allows an individual to dispute the legal basis for confinement.
If you are arrested for a minor offense, you might be released after booking and be given a date and time for your arraignment. If you do not appear in court for your arraignment, the court will issue you a warrant for your arrest. If the charges are serious, you could be held at the county jail until your arraignment.
Your first appearance in court is for your arraignment. It must be within two days of your arrest and booking. Your attorney can be with you while the judge reads the charges as well as your rights. It is at this point that you enter your plea, and the judge will set your bail or release you on your own recognizance, meaning you promise to return to court when requested.
In Orange County, bail is usually determined by a bail schedule. However, if the crime is serious or you have a prior record, the judge may set the bail higher. Higher bail aims to prevent you from “jumping bail” or failing to appear in court. Fortunately, our firm has been successful in hundreds of bail reduction motions. Our knowledge of how the system works gives our team the ability to present a compelling argument that could result in a bail reduction.
An arrest is a crucial step in the criminal process that puts your case in motion. Therefore, you should immediately seek the assistance of a skilled, proactive attorney. Our Orange County arrest lawyers have the knowledge and experience to represent you by using a solid and effective defense strategy.
The legal representation you choose could make or break your case, and the outcome of a criminal case could affect you and your family’s future. You need an attorney who is dedicated to fighting for your rights and freedom. Please call our experienced attorneys today. During your free consultation, our lawyers could discuss the facts and circumstances of your case, address any questions or concerns you may have, and determine the best way to proceed.