How to Handle Being Investigated or Arrested by Law Enforcement
Oct. 15, 2019
If you are facing the possibility of a criminal investigation or if you have already been arrested by law enforcement, it is important to keep a few very important things in mind.
First, remember that law enforcement officials may have no knowledge of your case and circumstances.
Often times law enforcement officers are acting pursuant to an arrest warrant signed by a judge or acting on information that they have received from a third party. You are not required, under any circumstances, to discuss the facts of your case with them. Remember your Miranda rights:
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 talk to a lawyer and have him present with you while you are being questioned.
If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish.
You can decide at any time to exercise these rights and not answer any questions or make any statements.
You might be surprised to learn this, but a great number of people voluntarily waive these rights and proceed to speak quite openly, casually and in detail with law enforcement. Don’t be one of these people. Exercise your right to remain silent and call the Law Office of Juan C. Calama to assist you.
Second, being arrested is very different from being convicted. Many people arrested by law enforcement are completely innocent. That having been said, there is a saying among law enforcement that states “you may beat the charge, but you won’t beat the ride.”
You should know that only probable cause is required for law enforcement to make an arrest, while the standard to convict someone of a crime is much higher (the very high bar of beyond a reasonable doubt). Some people believe, incorrectly, that because they are innocent, they can talk their way out of taking the ride in the back of the police cruiser. It is important to not speak any more than necessary (name, address and other personal information) as seemingly minor details may later be used against you to attempt to prove your guilt.
Third, if you are arrested, you have the right to be brought before a judge within 24 hours of your arrest. This first appearance is a Constitutional right that exists to determine whether probable cause exists to have arrested you and to set an appropriate bond to ensure that you’ll return to court.
If you have been arrested, it is very important that you or a family member contact the Law Office of Juan C. Calama as soon as possible after your arrest so that we may appear in court on your behalf at first appearance. This will give you the highest chance possible of having a reasonable bond put in place or possibly get a release simply on your own promise to appear at a later date (what is known as a Release on your own recognizance).
You don’t have to face the threat of investigation and arrest by law enforcement on your own. Call the Law Office of Juan C. Calama today to schedule your consultation.