If you have been arrested: All criminal defendants have the constitutional right to representation by a lawyer at all stages of the proceeding. You also deserve to be treated fairly and with dignity, but you do have certain obligations. The most important thing you can do is stay calm and do not offer to say anything without your lawyer present; remind the police every step of the way that you would like to speak to your lawyer. Even if they keep asking you questions, you do not have to say anything if your lawyer is not there. Here are some other important things to keep in mind if you encounter the police or if you are arrested: - Be aware of what you do and say. Stay calm, make no sudden movements or outbursts, and keep your hands where the police can see them.
- If you are asked basic questions, such as your name and address, answer them unless you feel that doing so will incriminate you. Do not answer any other questions and do not offer any explanations or stories.
- The police are allowed to pat you down outside your clothing if they suspect you have a concealed weapon, but clearly state that you do not consent to a further search.
- If you are stopped in a vehicle, you must show your driver’s license, registration, and proof of insurance if the officer requests it.
- Under certain circumstances, the police will have probable cause to search your vehicle. Make it clear that you do not consent to a search of the vehicle – the police cannot arrest you just because you refuse to consent to a search.
- If the police stop your car for a legitimate reason (such as speeding, driving through a red light, etc.), the officer can seize anything illegal that is in plain sight.
What to expect before trial: After you get arrested, the officers forward any reports, statements, and evidence to the district attorney to prosecute you. You have the right to a speedy and public trial. You also have the right to confront all of the witnesses presented against you, and a lawyer can help ensure that your rights are not being violated. This is how the process will work: - Arraignment: You will be arraigned at an arraignment hearing; the state will formally announce its charges against you. An attorney can ensure that your rights are not being violated, can help you with the plea process, and can try to either reduce your bail or have you released on your own recognizance.
- Pre-Trial Readiness Conference: The judge, Deputy District Attorney, and your defense meet to discuss and negotiate a potential settlement for your case.
- Preliminary Hearing: At the preliminary hearing, which you have the right to have within ten days of your arraignment, you and your defense attorney finally have the opportunity to hear the evidence that the state has against you. The judge determines if there is enough evidence against you to proceed to trial, and if so, you are arraigned again on the charges.
- Trial Readiness Conference: Like the Pre-Trial Readiness Conference, this is when your attorney has a chance to negotiate a favorable outcome for you. The parties meet once again to discuss the case and try to settle. If no settlement can be reached at this point, the case will proceed to trial, where your attorney will work tirelessly to achieve the best possible result for you.
If you have been arrested for a crime, contact a lawyer as soon as possible to discuss your rights, what you should and should not say to the police, and get help with the bail process. When you are facing criminal charges, you need an attorney who is experienced, is dedicated to providing thorough, aggressive representation, and someone who will fight for your rights. Unlike some attorneys who seek to quickly settle cases or encourage clients to accept a plea bargain to avoid having to go to trial, Mr. Gutierrez is always prepared to take your case to trial if it is in your best interest. Contact the Law Office of David Gutierrez today to begin your defense. |
