09 Dec Your Rights and the Police: If You Are Arrested or Taken To A Police Station
by Isabell Flores, Esq. of Law Offices of Isabell W. Flores, on December 9, 2012
Criminal Defense, DUI, Traffic, Personal Injury and Special Appearance Attorney
www.FloresLaw.com and www.Special-Appearance-Attorney.com
Ask to see a lawyer immediately!! Understand this is very important and get this memorized in your brain. Repeat and memorize this legal affirmation “I’M GOING TO REMAIN SILENT. I WOULD LIKE TO SEE A LAWYER.” If you just tell the police you don’t want to talk to them they legally can wait awhile and then come back and question you again and again! If you tell them you want to see a lawyer then legally they have to stop questioning you until you have a lawyer present. In practice this will stop all questioning. They probably won’t get you a lawyer and if they did any competent lawyer will tell you to remain silent and make sure you don’t answer any questions.
You have the right to remain silent and to talk to a lawyer before you talk to the police. Tell the police nothing except your name and address. DO NOT GIVE ANY TYPE OF EXPLANATIONS, EXCUSES, OR STORIES! Let you and your lawyer figure out and your defense in court based on what you and lawyer think is best.
Within 3 hours after you are arrested, or immediately after being booked, you have the right to make three complete phone calls to: 1) a lawyer; 2) bail bondsman; 3) a relative or any other person. The police many not listen to the call to the lawyer.
You must be taken before a judge on the next court day after your arrest. Sometimes you can be released without bail (“OR”) or have your bail lowered.