What should I do when arrested or stopped by Police?
When arrested in Orange County or Inland Empire, it is important to know your rights. It does not matter where you are arrested. Cooperating with and being polite to the police or any other law enforcement when arrested, is very important when you are stopped or arrested. You do not want to make matters worse by resisting arrest. Doing so can increase charges against you. Remember, you will have your day in court, but it is important not to risk injuries to yourself nor incur unnecessary charges against you. Call an experienced lawyer who serves Orange County. We are located in Garden Grove but serve all of OC cities such as Anaheim, Stanton, Santa Ana, and Westminster.
You have a right to know if you are arrested. If you are not sure, you can always ask the police if it is okay for you to leave. If they say yes, the best thing you can do is stop talking and start walking, followed by calling an attorney.
However, it is VERY important that you know you have a right NOT TO answer questions.
You have a right to ask for an attorney. It is best to ask for an attorney as soon as you find out you are under arrest or are not free to leave. Believe it or not, the police are allowed to make false statements to you to get you to talk. No law says the police have to always tell the truth to a suspect.
Most of the time the only evidence the police and district attorney have are the ones coming out of the suspect's mouth.
If you are being interrogated by the police, you have a right to have an attorney present. Certain factors must be present for police conduct to constitute interrogation. If you feel you were unlawfully interrogated or had your rights violated during questioning, please call us to discuss your matter.
The police may also use any and all statements you make to others during your incarceration such as communications with; other inmates, cellmates, and/or other government employees.
Does the police need a search warrant to search me?
Police generally need search warrants for certain searches. Police sometimes do not need a search warrant under certain circumstances.
Search Warrant Needed:
- To search a dwelling (house/apartment/condo/mobile home, etc.,) unless the person with the right to immediate possession of property consents to the search.
- To search a person who is not driving but merely walking or standing out in public, unless there is a legal reason to search immediately (effectively, they can find a reason such as officer safety). Such reasons could be but are not limited to, that the person searched to fit the description of a person who recently committed a crime locally or the police recognized the person from a prior crime and is making an arrest. Another common reason is a quick "pat-down" for officer safety during an engagement with someone on the street. If you feel your rights were violated and want to know what to do when arrested, call an experienced lawyer. Our office in Garden Grove serves OC, LA, and IE.
When do the police not need a search warrant to search me?
Search Warrant Not Needed:
The list is long, but the following are a list of common reasons why a search warrant may not be needed.
- To stop a vehicle in police checkpoints for vehicle-related stops such as DUI checkpoints.
- For "exigencies" (legal emergencies).
- When consent is given.
- Crime or imminent harm prevention.
Classification of offenses: Felony; misdemeanor; infraction
- Felony: A felony is a crime that is punishable with death, by imprisonment in the state prison, or notwithstanding any other provision of law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.
- Misdemeanor: When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170 or by fine or imprisonment in the county jail. Certain restrictions apply.
Infraction: Infractions usually do not have any imposed sentences (time in jail). It's mostly a fine with or without probation. They are your simple traffic tickets or other minor violations requiring only a fine. It is advisable to seek a lawyer's counsel when arrested in Orange County or anywhere else.