What Are Your Rights After an Arrest?

man arrested

You've been arrested. Most people who go through this experience feel panicked and overwhelmed at the road ahead. They worry about the impact on their family and their freedom if they were to be found guilty of the crime. They hope they can secure an experienced criminal defense attorney to assist them throughout the process.

An arrest in San Diego can be frightening, especially for those with limited experience with the criminal justice system. If you have been arrested by law enforcement, you need to know your rights so that you do not provide information to the police that can be used against you down the road. In this article, we will highlight the rights you have after an arrest as well as what actions you should and should not take during this time.

A reputable defense attorney will be your greatest ally in navigating these choppy waters. With the right attorney, your rights will be protected and you will be in the best possible position to get the outcome you desire. San Diego criminal defense attorney Joni Eisenstein has assisted many clients who are in your same position. She has a profound understanding of the law and years of experience in the San Diego courts since 2003. Her knowledge and expertise make her an effective attorney who will fight for your rights and for your freedom. 

Your Rights After an Arrest

Most American citizens have heard of the Miranda Rights from television and movies. Miranda Rights are given to criminal defendants after an arrest. They include your right to an attorney and your right to remain silent, among other important privileges afforded under the law. If you are arrested, it is always in your best interest to invoke your right to remain silent and your right to an attorney. Answering any questions or making any statements to law enforcement prior to invoking these rights could put you in a position of incriminating yourself. 

Many people feel pressure to talk to the police. Maybe they have been brought up to respect law enforcement. Or, maybe they want desperately to clear their name. In any case, the law does not require that you answer their questions. Even innocent parties have been found guilty because of statements they made to law enforcement that were used against them in the courtroom.

Request an attorney

After your arrest, refrain from answering any questions aside from basic identifying information such as your name and address. In addition to remaining silent, you should immediately request the presence of your attorney. If you do not have an attorney, you are entitled to one provided to you by the state. You may also call a friend or family member to find an attorney for you.

Your attorney will understand the common ruses and ploys that law enforcement may use to try to get you to talk. Your attorney will know what kinds of questions you should answer, and which you should not. A skilled attorney will be able to protect you and help you navigate the often stressful experience of a police interrogation. They will also ensure that you do not say anything that incriminates you if your case were to go to trial.

Maintain your composure

This is often easier said than done. However, it is critical that you remain calm and collected in all of your court appearances. Every experience you have with the judge and prosecutor can sway their impression of you. Yelling out, acting irrationally or aggressively in the courtroom will only hurt your chances of getting a favorable outcome.

Your defense attorney acts as your representative in the court. Let your attorney take the lead, no matter how challenging that may be.

Have you been arrested in San Diego?

If you are facing an arrest in San Diego, it is in your best interest to remain silent and to invoke your right to an attorney. By doing so, you can protect yourself from providing a false confession or saying something that could make your case harder to fight in the courtroom.

Hiring a reputable, skilled and experienced San Diego criminal defense attorney can help you avoid legal pitfalls and more competently navigate the California legal system. Attorney Joni Eisenstein has a thorough knowledge of the San Diego court system and California law. She will fight tirelessly to ensure that you get the justice you deserve and that your rights are protected throughout the process.

Contact the Law Office of Joni Eisenstein when you are facing a San Diego arrest. With a free consultation, you'll speak directly with our attorney to discuss the facts of your case and to explore your best defense. Your freedom isn’t something to take lightly. Call San Diego criminal defense attorney Joni Eisenstein today!