What You Should Do After an Arrest

Understand the Initial Arrest Procedure

It is important to understand your rights after an arrest. The police should have informed you that you have the right to remain silent and that you have the right to an attorney. After you are arrested and booked, you will be kept in a holding cell until you can appear before a judge and have your charges read to you. After the initial arrest, it is common to have bail posted.

You do not have to answer any questions until you have an attorney present. Even if members of law enforcement ask you questions, you may refuse to answer. Because anything you say or do could be held against you as condemning evidence in court, it would be wise to involve a criminal defense attorney in Orange County as soon as possible.

Review the Situation with an Attorney

Were your rights violated during an arrest? For many people, this is a difficult question to answer because they may not know the full extent of their rights. However, Anaheim criminal lawyer Barney Gibbs has more than 30 years of experience focused in criminal defense, and he has helped thousands of people protect their rights against criminal charges.

Reviewing the situation with our team of legal professionals may help you get a better understanding of how to build a strong defense in court and get the charges dismissed. At The Law Office of Barney B. Gibbs, we know that the circumstances of your arrest are unique, and we may take a personalized approach to effectively address your legal issues and reach a positive outcome.

Common Questions After an Arrest

Can I be released on bail?

When bail is posted, you or a loved one can "post bail" to be released until you have to appear before a judge. In some instances, bail is not set. This might happen when an arrestee is labeled a danger to the surrounding community or a flight risk. If bail is set, this money acts as a guarantee that you will appear for your hearings. If no one can afford to post bail for the arrestee, then a bail bond may be procured through a bail bondsman.

When is it legal for an officer to search me or my property?

Law enforcement officials can only lawfully search and seize property if they believe a crime has been committed. In many cases, law enforcement will need a search warrant before they search/seize. Under the Fourth Amendment,you are protected from illegal searches and seizures. However, as the definition of "reasonable cause" is often ambiguous, the line between legal and illegal searches becomes blurred.

What happens at an arraignment hearing?

An arraignment hearing is when you appear before a judge to have your charges formally read to you. Typically, due to protection against unreasonable delays, the arraignment hearing will happen between one and two days after the initial arrest, depending on how "full" the court is. Once your charges are formally read to you, you will make your plea.

What is a plea bargain? Should I accept one?

Not everyone is offered a plea bargain. This type of agreement happens in criminal cases between a prosecutor and a defendant. The prosecutor may offer a defendant reduced charges or a reduced sentence in exchange for a guilty plea. In other scenarios, a defendant might agree to plead guilty to one charges in exchange for other charges being dismissed. A prosecutor might offer a blea bargain to more quickly resolve a criminal case. Whether or not you accept one is up to the discretion of you and your defense attorney.

Who can see my criminal history?

If you are arrested and charged with a crime, this will show up on your criminal history whether or not you are ultimately convicted of that crime. For both those who have been charged and those who have been convicted, you may be able to get this information expunged from your record. Employers, landlords and the like can all have access to your criminal history. If you would like this information to be cleared from your record, speak with an Anaheim criminal defense lawyer at our firm to learn if you qualify.

Were you arrested for driving under the influence?

If you have been arrested for a suspected DUI, then it is especially crucial to have your situation reviewed by a legal professional and take immediate action. In most cases, your driver's license is revoked by the officer during the arrest, and without taking proper action, you could face an automatic license suspension that could last anywhere from six months to more than one year.

If the arresting officer revoked your license, you have 10 days to schedule a DMV hearing and appeal the automatic suspension. This hearing does not substitute for your DUI charge, nor does the outcome affect the DUI charge in any way. Thus, you will need a strong defense in two separate procedures to protect your driving privileges.

Schedule Your Free Consultation & Secure A Formidable Defense

Whether you have been arrested for DUI or any other criminal charge, you deserve to have your right protected throughout the case procedure. Take immediate action to review the situation with an experienced attorney and explore your legal options. Anaheim criminal defense lawyer Barney Gibbs has handled more than 2,500 cases and secured over 1,100 dismissals over the years of his practice. When it comes to your securing your future opportunities, trust a firm with a history of success and dedication to personalized client representation.

Schedule a free case evaluation with The Law Office of Barney B. Gibbs today!