Every California resident would be wise to be cognizant of his or her rights in case of an arrest. It is impossible to predict the future, and you may find yourself in a complex legal situation or under arrest. Regardless of your guilt or innocence, you have rights, and you would be wise to fight for full protection at all times.
If law enforcement or others violate your rights, it could affect the case against you. You do not have to deal with violations of your rights alone; you can speak up and speak out, fighting back against your mistreatment.
Be aware of the legal procedure
Law enforcement cannot just do whatever they want. They must follow certain legal procedures and adhere to certain rules. When they deviate from their mandated course of action, it can compromise the integrity of the case against a person. The Constitution grants certain rights to every American, and law enforcement must recognize and respect these rights.
Some would say that one of your most important rights after arrest is the right to remain silent. Many people incriminate themselves, even accidentally, by talking to police when they do not have to. Staying silent in the aftermath of your arrest could be important for your defense. In addition to your right to stay silent, you also have the following rights after an arrest:
- You have the right to seek legal counsel and refrain from speaking with the police unless you have your attorney present.
- If you start answering questions from the police, you have the right to stop at any time if you decide to wait until your attorney is present.
- If you cannot afford to hire an attorney, you still have the right to legal counsel. You may have an attorney appointed to you.
No matter the details of your individual case, you should not have to face physical mistreatment or other violations of your rights while in police custody.
You have the right to fight back
If you experienced a violation of your personal rights, you can fight back. You can challenge the treatment you experienced, as well as any of the evidence collected, as a result of this mistreatment.
No matter what, you would be wise to seek a full understanding of your defense options as soon as possible after an arrest. Prompt action is beneficial for your case, and you have no time to lose when there are serious criminal charges against you.