Being arrested is undoubtedly a confusing and stressful experience. However, it does not strip you of your basic human rights. Whether it is your first encounter with the law or not, understanding your legal rights and the key steps to take can protect you during the arrest process and significantly affect the outcome of your case.

As a criminal defense attorney, I strive to offer straightforward legal guidance. Located in Solvang, California, I serve clients throughout California’s Central Coast region, including Santa Barbara, Salinas, Los Alamos, Lompoc, Santa Maria, San Luis Obispo, Morro Bay, Paso Robles, King City, Greenfield, Carmel Valley, Watsonville, and Santa Cruz.

I’ve represented individuals facing legal challenges in our Central Coast community since 1996. If you or a loved one has been arrested, call Valhallaw for help.

What to Do Immediately After an Arrest

If you’re arrested in California, there are specific steps you should follow immediately after the incident. These essential steps include:

1. Stay Calm and Silent

Under the Fifth Amendment, you have the right to remain silent. Politely inform law enforcement that you wish to exercise this right until you have consulted with an attorney. Be sure to remain calm and avoid outbursts or arguments. Anything you say can be used against you in court.

2. Don’t Resist the Arrest

Even if you believe the arrest is unfair, do not resist or attempt to obstruct the process. Resisting arrest can attract additional charges, which could further complicate your case.

3. Request an Attorney

If you’ve been arrested, you have the right to legal representation. State that you want to speak to an attorney, but avoid making any statements or answering questions until you’ve obtained proper legal counsel. Remember, your words can easily be misinterpreted or taken out of context to build a case against you.

A lawyer familiar with California laws can review the circumstances surrounding your arrest and help you build a defense tailored to your situation.

4. Document Everything

Note as many details as you can about how the arrest occurred. This includes the names and badge numbers of the arresting officers, the time and location of the arrest, and any witnesses to the incident. These details can be essential for your defense.

5. Follow Your Attorney’s Advice

Your attorney is there to protect your rights and guide you through the legal process. Follow their advice, be honest with them, and provide all the necessary information to build a strong defense. Remember that anything you share with your attorney is confidential.

California Laws Governing Arrests

California’s laws are designed to protect individuals during and after an arrest. Understanding these laws can help you protect your position and options. The laws and rights you should be familiar with include:

• Your right to an attorney: Under California law, anyone taken into custody has the right to request legal representation. Law enforcement cannot continue questioning you if you have asked for an attorney. Ambiguous phrases like, “Maybe I should call a lawyer,” might not stop questioning. Be clear and direct when invoking this right.
• Miranda rights: Before starting an interrogation, California law enforcement officers must inform you of your Miranda rights. These include your right to remain silent and your right to an attorney. If officers fail to issue this warning, any statements you make during the interrogation may be inadmissible in court.
• Bail and arraignment: After being arrested, you will be taken to a police station for booking. Typically, you have the option to post bail to secure your release until your court date. If bail is not immediately granted, you will appear at an arraignment where the judge will determine whether bail applies to your case and set the amount.
• Penalties and felony vs. misdemeanor charges: California classifies crimes as either misdemeanors or felonies based on severity. Factors like the nature of the offense, prior criminal history, and intent play a major role in determining sentencing. A knowledgeable attorney will explore every opportunity to mitigate charges or negotiate a favorable plea agreement when appropriate.
• Probable cause: Law enforcement must have probable cause to make an arrest. This means they must have a reasonable belief, based on facts and circumstances, that a crime has been committed or is in progress. If there is no probable cause, the arrest may be challenged in court.
• Expungement: In certain cases, you may be eligible for expungement, which allows for the sealing or removal of criminal records related to certain offenses. Expungement allows them to rebuild their lives and pursue employment and educational opportunities.

Criminal Defense & Personal Injury Attorney Serving Solvang, California

With nearly three decades of experience, I specialize in representing clients facing legal challenges. Since 1996, I have consistently delivered top-quality legal representation, securing the best possible outcomes in civil and criminal courts.

At Valhallaw, I serve clients throughout California’s Central Coast, including Solvang, Santa Barbara, Salinas, Los Alamos, Lompoc, Santa Maria, San Luis Obispo, Morro Bay, Paso Robles, King City, Greenfield, Carmel Valley, Watsonville, and Santa Cruz. Call me for arrest-related legal guidance in California.