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!