Blogs from November, 2015

hands in handcuffs

It’s a very scary process to happen to someone. Getting arrested. Innocent or guilty it doesn’t really matter, you do have rights when it’s happening. If you are getting arrested for whatever reason you are presumed innocent in the eyes of the law until you are actually convicted of the crime.

It might not feel that way though, when the police are roughly slapping the cuffs on you as you go for a ride in the locked backseat of their cruiser. They are taking away your freedom in that moment. That’s not fun for the person who is getting arrested by any stretch.

Stay Calm and Cooperative

The best advice to have during any arrest is to remain as calm and cooperative as possible, because it will make the event for everyone involved go much smoother. If you fight or argue a litany of other random charges could be added onto the original reason you are arrested.

Even assault charges could be tacked on if you hurt an officer even accidentally. It’s smarter to not give the arresting officers any issues with you. The police can also use any force necessary to subdue you if you are riled up, including being tased or pepper sprayed. You definitely don’t want that to happen.

Miranda Rights

Many people are under the impression that the police must read them their “Miranda Rights” at the time of the arrest. That’s not the case. They are able to read this statement to you later on before any questioning might happen.

Sometimes they get it out of the way during an arrest, but most of the time the officer questioning you later will read them briefly to you. Know that when you get arrested though, you do have the right to remain silent so you don’t further incriminate yourself in anyway.

Avoiding Excessive Force

The police are also not allowed to use excessive force to subdue a potential criminal. Although what constitutes “excessive” is pretty much up to the parties involved. That’s why lately, with the rash of cases involving police using excessive force, it’s becoming an issue all across America.

Many times people who are getting arrested aren’t necessarily in their right mind. They might be mentally ill, under the influence of alcohol or drugs, and could say or do things that could be perceived as threatening.

Luckily many police forces are being specially trained to handle situations where mental illness may come into play. Many states want to make it mandatory for police to undergo special mental illness training in order to better deal with this problem safely for everyone involved.

The use of body cameras on police can also help to make sure all arrests go as smoothly as possible. It makes the police accountable for their actions if the situation is being recorded at all times. These are called “On Officer Recording Systems” and many organizations including the ACLU are demanding that the policy of police officers wearing these devices become a law across the county.

Southern California Defense

Arrested in Southern California? Contact us today to speak with an experienced criminal defense lawyer with years of experience assisting defendants in Orange County, Riverside, San Diego, and Los Angeles County. There is no obligation to retain our services and the consultation is free.