Understanding your constitutional rights can help protect your ability to defend yourself.
Being charged with a crime is a scary prospect, particularly if you do not have prior experience with the criminal justice system. One of the hardest things can be dealing with the unknowns — not knowing what will happen to you and what to expect at each stage of the process. Fortunately, there are things that you can do and steps that you can take along the way to protect yourself and your legal rights, starting with your very first contact with the police.
If you are a fan of police and legal dramas, you may be able to recite the Miranda warnings by heart: “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 an attorney….”. While each police department may give these warnings in a slightly different format, the substance is the same: as an American, you have certain constitutional rights in the criminal justice system. As any experienced criminal defense lawyer in Los Angeles, CA will tell you, you should exercise those rights!
First and foremost, you should remain silent. You have a right to not speak to the police. Talking to the police will almost never help you — and it will almost always hurt you. The police have many tactics and tricks to try to get you to speak to them, and will try to get you to admit to committing the crime. Don’t be fooled. The police aren’t here to help you; they are here to arrest you! Instead of talking, politely inform the police that you are exercising your right to remain silent — and then do just that. No matter what the police might say, do not respond. Remain silent, and wait for your lawyer to arrive.
Second, a small exception to the “do not talk” rule — you should ask for your lawyer. In addition to your right to remain silent, you have a right to an attorney. A skilled criminal defense lawyer in Los Angeles, CA can protect you from an unjust prosecution or false charges. So when you tell the police that are exercising your right to remain silent, also inform them that you want a lawyer. Make sure that you state this directly; do not state that you think that you need a lawyer or maybe you need to talk to an attorney. Say it plainly: “I want a lawyer.” Doing so will help protect your legal rights in the event that the police do not respect your request for your lawyer. Once your lawyer has arrived, remember that he or she is bound by confidentiality. You can and should speak freely to your attorney so that he or she can prepare the best possible defense to the charges against you.
Third, know that you can be held without being charged under California law. If the police suspect that you have committed a crime but do not have enough evidence to arrest you, they can hold you for 48 hours, which does not include holidays or weekends. The police can also release you and then charge you at a later date after further investigation. A knowledgeable criminal defense attorney in Los Angeles, CA may be able to convince the prosecutor to not pursue charges against you or to file less serious charges during this time.
The criminal justice process can be complex and overwhelming. Having an experienced criminal defense attorney in Los Angeles, CA can be the key to ensuring that you successfully navigate it and get the best possible outcome. If you have been charged with a crime in Los Angeles or the surrounding areas, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
