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Orange County Criminal Defense Lawyers

Your Rights Under California Law

Both California law and federal law give individuals certain rights when they face police or other law enforcement officers. Understanding your legal rights under California law can help you protect yourself if you are stopped by a police officer, arrested, or accused of a crime.

When a Police Officer Stops You

If you are stopped by a police officer, you may ask the officer whether you are free to go. If the officer says yes, you have the right to stay silent, not provide any information, and leave. If the officer says you are not free to leave, you should provide your name and identification if asked, but you do not have to give any more information or answer any questions.

You have a right to remain silent, and you may inform the police that you are choosing to remain silent and will not answer any questions. An officer may try to convince you that talking is your best method of settling a police investigation without being arrested or charged with a crime. However, anything you say can be used in court to prove your guilt if you are charged, so it is best to say nothing.

You also have the right to speak with a lawyer before answering any police questions, even if you have not been arrested. The police may not tell you about this right, so it is your responsibility to explain that you will not answer questions until you have talked to a Orange County criminal attorney. If you are under arrest, the police must provide you with an attorney to talk to if you don't have one yourself.

Your Rights At Home

When a law enforcement officer comes to your home, you have the right not to open the door or let the officer in unless the officer has a warrant to search your home. Instead, ask the officer through the door if he has a warrant. If police have a warrant, you have the right to review it. If the officer asks whether he can come in and/or search your home or car, you have the right to say no. If you are living in someone else's house, you still have the right not to open the door or let police in.

If you give police permission to search your home or car without a warrant, anything they find may be used against you in court. If you do not give permission, police must first get a warrant, which requires them to explain to a judge why they need to search your home or car. A search warrant requires you to allow the police to search, but it does not require you to answer questions. You may still use your right to remain silent even if the police have a warrant.

After Arrest

If police decide to arrest you, tell them that you are exercising your right to remain silent and that you will not answer any questions until you have an attorney. The police may decide to talk to you or ask questions even if you have told them you want to stay silent. Even if the police talk to you, stay silent and do not answer their questions or respond to their comments. You have a right to say nothing to police until you have an attorney present.

Within 72 hours of an arrest and if you have not posted bail and are still in custody, you will have an arraignment, which is your first appearance before a judge. The purpose of the arraignment is to confirm who you are and what you've been charged with. During the arraignment, you have the right to enter in a plea. If you plead guilty or no contest, you are admitting that a crime occurred and that you committed that crime. Pleading not guilty preserves your right to a trial. You have the right to hire a lawyer to represent you, or to have the court appoint you a lawyer if you can't afford a lawyer on your own.

Understanding your rights gives you the power to protect them. Remember, however, that a police officer may decide not to respect your rights even if you clearly state you are exercising them. Seeking the help of an experienced Orange County criminal defense attorney as soon as possible after you are arrested or charged will further ensure that your rights and interests are protected throughout the legal process. Contact the lawyers at Takakjian & Sitkoff, LLP to find out more about your legal rights and options. Call (888) 579-4844 today.