If you are walking down the street and the police stop you for seemingly no reason and ask for your identification? Are you required to give it to them? What can happen if you choose not to? Keep reading to learn the answers to these and other questions. Then contact Chambers Law Firm at 714-760-4088 if you have been arrested for or charged with a crime in California.
You cannot be arrested for failing to produce identification if there was no reason to ask for it
While other jurisdictions have “stop and identify” laws that make refusing to produce identification when suspected of committing a crime an arrestable felony, this is not the case in California. You are not obligated to produce identification just because a police officer requests it.
The sole exception is if you are driving; in this situation, you must show your driver’s license or face charges of driving without one. Remember that if police suspect you of committing a crime, your failure to present ID may prompt them to arrest you for that crime rather than for failing to show ID.
You can be arrested if you don’t provide identification after committing a misdemeanor
If you are suspected of committing a misdemeanor, police will usually issue a ticket rather than arrest you. They will, however, arrest you if you refuse to present identification.
Use your right to remain silent
You have the right to politely decline police requests to talk with you at any time. Use this. Do not talk to them. Even if you do not know why they are stopping you, remember that for all you know, they are questioning you about a murder case. Innocence is no reason to talk to the police.
Do not agree to let the police search your car
You do not have to give police permission to search your person or car if they ask. Make them acquire a warrant instead. If they conduct a search without your authorization, do not physically resist or get violent. Just tell them that you do not consent and then talk to a criminal defense attorney.
In certain circumstances, cooperating is in your best interests
The simplest method to eliminate police suspicion from you is to cooperate with them by producing your ID and answering any non-incriminating questions they may ask you.
If you’ve been arrested, you should contact an attorney right once. If you are arrested, the police should tell you your Miranda Rights before questioning you. You should use your right to call a professional criminal defense counsel at this stage to assist defend your rights. You can reach Chambers Law Firm at 714-760-4088 now for a consultation.