Orange County Criminal Defense Lawyer

What Are My Rights When Being Arrested?

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  • If you need a lawyer,
    she is the one you want.

    “Her knowledge and professionalism are what helped me get through a difficult time.”
    avvo review
  • If you need a lawyer,
    she is the one you want.

    “Her knowledge and professionalism are what helped me get through a difficult time.”
    avvo review

Being arrested is an intimidating experience, no matter the circumstances. While you expect the police to uphold the law during every arrest, this is not always the case. That's why it's important for people to understand their rights during arrest, as well as steps to address violations should they occur. 

Even if you believe there are no grounds for arrest, it's best to comply with police orders. You're not obligated to speak to the police without a lawyer present and can request free legal help if you're unable to pay. You're also entitled to one phone call during your arrest. Police are permitted to listen to the contents of your call unless you're speaking with your lawyer about the incident. 

While it may be tempting to explain yourself to the police right away, this is not advised unless your lawyer is there. Even an innocent statement can be used to establish guilt, so it's best to remain silent until legal help arrives. You're also not obligated to sign any documents or make any agreements. If you're being pressured to make a decision or feel your rights have been violated in some other way, take note of the officer's name and badge numbers. You'll need this information to file a complaint with the internal review board later. 

If a police officer arrives at your house for the purposes of a search, he or she must present a warrant before entering. You're not obligated to let an officer in unless a warrant with your name is provided. Additionally, the police are only permitted to search the areas of the home listed on the warrant. You can request to read it if one is available. 

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    MISDEMEANOR SETTLEMENT

    MISDEMEANOR SETTLEMENT

    2ND DUI

    Misdemeanor on completion of community service - Felony 2nd DUI, under 21 with injury.

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    case dismissed

    CASE REJECTED

    ATTEMPTED MURDER OF POLICE OFFICER

    Los Angeles Arrest Pre-filing representation on Attempted murder of police officer, assault with a deadly weapon upon a police officer.

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    CASE
    REJECTED

    CASE REJECTED

    ASSAULT WITH A DEADLY WEAPON

    Strike felonies including assault with a deadly weapon - car with great bodily injury.

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    case dismissed

    Case dismissed

    CAR ACCIDENT

    Car accident, no license, speeding (filed by Anaheim City Attorney).

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    case dismissed

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    CHILD ENDANGERMENT / CRUELTY

    Penal Code 273a(b) Child endangerment/cruelty.

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    case dismissed

    Case dismissed

    CHILD MOLESTATION

    Child molestation: Felony.

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    PROBATION TERMINATED EARLY

    PROBATION TERMINATED EARLY

    COMMERCIAL BURGLARY

    Commercial burglary probation violation: dismissed, no violation found.

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    case dismissed

    Case dismissed

    CONTEMPT OF COURT ORDER

    Contempt of court order by a gang member.

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    Case dismissed

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    CSA CASE

    CSA case dismissed.

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