IF YOU'VE BEEN ARRESTED:

Anyone who is arrested should REMAIN SILENT! This means do NOT answer any police questions, verbally or in writing.  Do not sign any statements.  Just say "I want a lawyer," and contact a lawyer as soon as possible. Attorney David Reeves and Monica Lynch Reeves are available 24 hours a day, 7 days a week, and can usually visit you in the police station before you are released or sent to court for bail. Call us at (916) 791-8850

If you are contacted by law enforcement while driving:

Anytime law enforcement contacts you, consult an attorney BEFORE answering questions. You ALWAYS have the right to REMAIN SILENT! For most people, that is the best thing to do. You will not be able to talk the police out of arresting you. You are much more likely to hurt your case than to help yourself by talking to the police. The police will write a report later, and almost invariably, that police report will cast your conversations with the cops in the worst possible light.

A special note for anyone stopped by the police for drinking and driving: you DON'T have to (1) answer questions, (2) do field sobriety tests, (3) say the alphabet, (4) stand on one leg, (5) take breathalyzer tests on the road, or (6) give the police any information, other than what is necessary for booking.  Remember - decline field sobriety tests! The fact that you refused these tests CANNOT and WILL NOT be admitted at trial. Field tests are often carried out under terrible circumstances, and they can easily yield bad results, even for sober people. The police routinely ignore the guidelines for giving such tests, yet those test results will be used against you if the police think you failed them.

But won't it look like I'm guilty if I refuse to talk to the police?  NO! Your silence is NOT admissible in court! The police do not decide if you are guilty - that's the court's job. So keep quiet, except to say "I want a lawyer." If the police are trying to get you to talk about something, it usually means they already think you are guilty. Nothing you say will convince them otherwise. They will never admit to you that their only goal is to develop a case against you. The police will say anything to get you to incriminate yourself. Do not trust them when they offer to let you tell "your side of the story." Remember, no matter what, silence is your right, and the jury will never hear that you refused to answer questions, take field tests, or take a breath test.

Immediately following your arrest, the police should advise you of your Miranda rights: you have the right to remain silent.  If you choose not to do so, anything you say may be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be appointed. If the police fail to advise you of your "Miranda" rights, this omission may help your case.

You will be handcuffed and transported to the police station for booking. Don't talk to the police in the car! They may seem to be making small talk, but they will use what you say or how you say it against you if they can.

Booking is when the police get identifying information from you. They request your name, address, and other such information.  You should give this basic information to the police, but say as little as possible during the booking process. 

After booking, you will be photographed and fingerprinted.

If you are too scared or disoriented, simply decline booking. You will be placed in a cell, and the police will try book you later. Be aware, however, that you will not be processed until you are booked, and a delay in booking will result in more time in custody.

After booking, bail will be set.  The amount of your bail will depend on the crime of which you are accused, whether you have prior conviction, whether you’re on probation and what county you are in.  After posting bail, you can leave.  You can either post cash bail, put up real property as collateral or have a bail bondsman post bail for you.  Bail bondsman normally charge you a 10% fee for posting your bail for you.

After being released from custody, you will be given a date and time to appear in court for your arraignment. An arraignment is simply the court's chance to formally tell you what the charges are against you. Always go to your arraignment! Defaulting on a court appearance is a serious matter.

The police did not read me my Miranda rights. Can I get my case dismissed?  No! First of all, the police only have to read you your rights if, while you are detained, the cops ask you questions that are designed to illicit an incriminating response. If the cops fail to read you your Miranda rights, the remedy is that any statements you make can't be used against you in court.

Remember:
* Don't talk to the police without a lawyer present.
* Call a lawyer as soon as possible (remember, an initial consultation with The Law Office of Reeves & Lynch is free.  Call us at (917) 791-8850)
* Always keep your next court date, usually called an arraignment

IF YOUR FRIEND IS ARRESTED:
*  Call the Law Office of Reeves & Lynch immediately for a free consultation.  (916) 791-8850
*  Write down the officers' names, badge numbers, and car number. The police do not have to give you their badge numbers unless you're the one being arrested, though. Be polite and don't threaten to file a complaint; you don't want them to arrest you too out of spite. I've seen it happen.
*  Write down the time, date, and place of the incident.
*  Get the names and phone numbers of witnesses.
*  If possible, photograph or videotape the incident.
*  Get a name of a relative to contact if the person is arrested.
*  Ask on what charge your friend was arrested and where (s)he is being taken.

 
If you are arrested in California for driving with a blood alcohol concentration (BAC) of 0.08% or greater, the arresting officer will do one of two things, depending on where you live:
*  If you are a California resident, the officer will confiscate your California driver’s license and replace it with a temporary one. The temporary license will expire in 30 days--which is when your license suspension goes into effect.
*  If you are an out-of-state driver, the officer will give you notice that your privilege to drive in California will be suspended in 30 days.
Once the officer either seizes your license or notifies you that your privilege will be suspended, the California DMV is immediately notified. You have ten days from the date of your arrest to challenge that suspension. In order to do so, you (or your DUI defense attorney) must request a California DMV hearing. This right is available to you regardless of where you reside...this is because both out-of-state drivers and California residents who are arrested for a California DUI are processed in the same way. Once a hearing is requested, the license (or driving privilege) suspension gets postponed pending the outcome of the hearing--which may not occur until months later.

WHAT TO DO IF YOU’RE STOPPED BY LAW ENFORCEMENT:  (Courtesy of the ACLU)

YOUR RIGHTS
- You have the right to remain silent. If you wish to exercise that right, say so out loud.
- You have the right to refuse to consent to a search of yourself, your car or your home.
- If you are not under arrest, you have the right to calmly leave.
- You have the right to a lawyer if you are arrested. Ask for one immediately.
- Regardless of your immigration or citizenship status, you have constitutional rights.

YOUR RESPONSIBILITIES
- Do stay calm and be polite.
- Do not interfere with or obstruct the police.
- Do not lie or give false documents.
- Do prepare yourself and your family in case you are arrested.
- Do remember the details of the encounter.

IF YOU ARE STOPPED FOR QUESTIONING
Stay calm. Don't run. Don't argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where police can see them.
Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some states, you must give your name if asked to identify yourself.
You do not have to consent to a search of yourself or your belongings, but police may "pat down" your clothing if they suspect a weapon. You should not physically resist, but you have the right to refuse consent for any further search. If you do consent, it can affect you later in court.

IF YOU ARE STOPPED IN YOUR CAR
Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel.
Upon request, show police your driver's license, registration and proof of insurance.
If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police have probably case to believe your car contains evidence of a crime, your car can be searched without your consent.
Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, sit silently or calmly leave. Even if the officer says no, you have the right to remain silent.

IF YOU ARE QUESTIONED ABOUT YOUR IMMIGRATION STATUS
You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.)
If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent.
Do not lie about your citizenship status or provide fake documents.

IF THE POLICE OR IMMIGRATION AGENTS COME TO YOUR HOME
If the police or immigration agents come to your home, you do not have to let them in unless they have certain kinds of warrants.
Ask the officer to slip the warrant under the door or hold it up to the window so you can inspect it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside. A warrant of removal/deportation (ICE warrant) does not allow officers to enter a home without consent.
Even if officers have a warrant, you have the right to remain silent. If you choose to speak to the officers, step outside and close the door.

IF YOU ARE CONTACTED BY THE FBI
If an FBI agent comes to your home or workplace, you do not have to answer any questions. Tell the agent you want to speak to a lawyer first.
If you are asked to meet with FBI agents for an interview, you have the right to say you do not want to be interviewed. If you agree to an interview, have a lawyer present. You do not have to answer any questions you feel uncomfortable answering, and can say that you will only answer questions on a specific topic.

IF YOU ARE ARRESTED
Do not resist arrest, even if you believe the arrest is unfair.
Say you wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses. If you can't pay for a lawyer, you have the right to a free one. Don't say anything, sign anything or make any decisions without a lawyer.
You have the right to make a local phone call. The police cannot listen if you call a lawyer.
Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.
Special considerations for non-citizens:
- Ask your lawyer about the effect of a criminal conviction or plea on your immigration status.
- Don't discuss your immigration status with anyone but your lawyer.
- While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer.
- Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.
IF YOU ARE TAKEN INTO IMMIGRATION (OR "ICE") CUSTODY
You have the right to a lawyer, but the government does not have to provide one for you. If you do not have a lawyer, ask for a list of free or low-cost legal services.
You have the right to contact your consulate or have an officer inform the consulate of your arrest.
Tell the ICE agent you wish to remain silent. Do not discuss your immigration status with anyone but your lawyer.
Do not sign anything, such as a voluntary departure or stipulated removal, without talking to a lawyer. If you sign, you may be giving up your opportunity to try to stay in the U.S.
Remember your immigration number ("A" number) and give it to your family. It will help family members locate you.
Keep a copy of your immigration documents with someone you trust.

IF YOU FEEL YOUR RIGHTS HAVE BEEN VIOLATED
Remember: police misconduct cannot be challenged on the street. Don't physically resist officers or threaten to file a complaint.
Write down everything you remember, including officers' badge and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses. If you are injured, take photographs of your injuries (but seek medical attention first).
File a written complaint with the agency's internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.