Monday, August 17, 2015

Steps To Take After An Arrest

We know that an arrest can be devastating.  You have been charged with a crime, and have no idea what the legal process is or what your rights are.  You want to be released as soon as possible to return to your daily life, your family, and your job.  We understand your priorities, and are here to answer your questions.

Contact us, and follow these steps after you have been arrested:

Step 1:  Invoke your right to remain silent and your right to an attorney
Your Miranda Rights protect your constitutional right to remain silent and your right to an attorney.  That's right, the United States Constitution gives you a right to remain silent when you have been arrested because you have a right against self-incrimination.  
It is always best to remain silent, even though you want to explain what happened or let the officers know that you are innocent.  Anything you say can be used against you, and an "explanation" will always be treated as an admission of guilt.  It is best to let an experienced attorney explain the situation because an attorney will know how to present your arguments and defenses. 

Step 2:  Do not talk about your case while in custody
Jails usually provide you with a phone, and like most people, you will probably use that phone to call your family and loved ones.  Do not speak about your case over the phone, because the calls are recorded.  The best thing to tell them is that you are in custody, and ask them to find you an attorney. 

Step 3: Hire an attorney
As soon as you are arrested, contact attorney Diana Vargas.  Remember that you should not say anything to the police, even if you are innocent.  The legal process can be confusing, and anything you say can be used against you.  You may say something that sounds like a confession, and it is best to let our experienced law firm present your defenses.  Contact us before you post bail because we may be able to get you released on your own recognizance (O.R. Release), without the need for bail.

 Step 4:  Find a bail bondsman if O.R. Release is denied
In most cases, you will be able to post bail in order to be released before your trial date.  A bondsmen will charge you a percentage of the bail amount so that you do not need to come up with several thousand or even tens of thousands of dollars.  Contact us before you post bail because we may be able to save you the cost of a bondsman and have you released without posting bail.