Most people are familiar with basic legal and criminal procedures because of the media. However, what you see and hear on TV is not always the same as what is happening in the real world. Think police need a warrant to arrest you? Think again. Just because you may have seen every episode of Law & Order does not mean you are prepared to represent yourself in a defense case.
If you are arrested in California, whether police have a warrant or not, you must seek experienced legal help. A criminal defense lawyer can quickly review your case and the circumstances of your arrest, and help ensure your rights are protected.
Arrest without a warrant
Police do not need a warrant if they observe you committing a crime. For example, if police stop you for swerving your car, and detect alcohol on your breath, they may arrest you for drunk driving. Also, according to PART 2. OF CRIMINAL PROCEDURE [681 – 1620], a police officer may arrest someone if they have probable cause that the person committed a felony. This means that law enforcement must believe that you have committed or are about to commit an indictable offence.
Arrest with a warrant
If a police officer has reasonable grounds to believe you have committed a crime, they can request that a judge authorize a warrant for your arrest. In California, a warrant gives police the authority to arrest or detain you if they suspect you of committing a crime outside of their presence. Typically, judges issue warrants for two reasons: they receive evidence from a peace officer and/or a District Attorney or because of a grand jury indictment.
What are Miranda rights?
Whether police arrest you with or without a warrant, you must be Mirandized. In fact, if police fail to read you your rights before you are arrested, your arrest may be unlawful. Your Miranda rights are: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.
Contact a knowledgeable criminal defense lawyer
No matter if you are arrested for a DUI on the road, or served a warrant at your workplace, you need skilled criminal defense counsel. At Giuliano Law Firm, our experienced team of attorneys works tirelessly to help you build a solid defense. Call (831) 257-8692 or contact us online to speak with an experienced DUI defense lawyer today.