Protect Your Rights
Exercise Your Rights When Accused of or Charged with a Crime
If a police officer arrests you - defined as seizing or detaining you by
taking actions that show an intention of taking you into custody - you
should be aware that you have certain rights. These rights cannot be violated
at any time. By understanding your rights during criminal investigations
and subsequent legal processes, you can protect yourself from potential
wrongful prosecution and conviction.
Miranda Warning
Commonly known as the Miranda warning because of the Supreme Court decision in
Miranda v. Arizona, these are the rights you need to be aware of and can exercise if you
have been arrested. Law enforcement officials make a practice of informing
people of these rights at some point during booking or interrogation after
an arrest. While the police officer who arrests you does not have to read
you these rights, they cannot use anything you say against you in a trial
if they did not read you these rights before you made the statement. Understanding
these rights before they are read to you can enable you to better protect
yourself and maintain your composure during this difficult process.
You have the right to remain silent. You don't have to answer a police officer's questions or incriminate
yourself with any statements that could be used against you. If you wish
to exercise this right, tell the arresting officer right away.
Anything you say can and will be used against you in a court of law. It is strongly recommended that you do not say anything before speaking
to a criminal defense attorney. Your lawyer can help you understand how
answering certain questions or making specific statements can help or harm you.
You have the right to an attorney. If you cannot afford an attorney, one
will be provided for you. By calling a
Murrieta lawyer at our firm, we can offer you a free case evaluation to help you understand
your options and how we may be able to help you if you have been charged
with a crime.
Your Rights Throughout the Investigation & Legal Process
In addition to the right to not incriminate yourself by refusing to answer
police questions and your right to a defense attorney who can help you
weigh your options and protect your interests, you have a number of other
rights if you have been arrested. For example, you have constitutional
rights that protect you from unreasonable search and seizure. By retaining
an attorney from our firm, you can benefit from our guidance as to what
information you are entitled to throughout an investigation and how to
navigate your way through the criminal justice system. The following is
a list of rights that you should gain an understanding of if you are facing
arrest, have been arrested, or if a loved one has been charged with a crime:
- You have the right to be told why you are being arrested and on what basis
- If there is a warrant for the arrest, you have the right to see this warrant
- If the arresting officer does not have a search warrant, you have the right
to refuse to allow him or her to search your home or vehicle
- If you refuse to answer the police officer's questions, he or she cannot
penalize or mistreat you
- You have the right to refuse a chemical test or a lie detector test prior
to consulting your attorney
- You have the right to have an attorney present during an eyewitness identification
method, including a lineup
- You have the right to contact someone and let them know of your arrest,
even if multiple phone calls are required to do so
- If you have not been charged with a capital crime, you have the right to
a reasonable bond or bail
- You have the right to be brought before a court within a reasonable amount
of time following your arrest in order to prove your innocence
Call Hanson, Gorian, Bradford & Hanich
If you've been arrested in Murrieta or Temecula, don't hesitate to
call our team of skilled criminal defense attorneys at Hanson, Gorian, Bradford &
Hanich. We are prepared to offer you aggressive legal defense no matter
what charges you face. At our firm, we believe that everyone deserves
the best possible defense. Let us help you protect your rights and your future.
Call a Murrieta
criminal defense lawyer today for a
free case evaluation and learn how your case can benefit from the advocacy of Hanson, Gorian,
Bradford & Hanich.