A Guide for the Everyday Citizen
According to the Criminal Justice Statistics Center at the California Department of Justice
Crime Rates per 100,000 Population
-The violent crime rate increased 0.8 percent in 2020 (from 433.5 in 2019 to 437.0 in 2020), while the property crime rate decreased 7.7 percent in 2020 (from 2,290.3 in 2019 to 2,114.4 in 2020)
-The homicide rate increased 31.0 percent in 2020 (from 4.2 in 2019 to 5.5 in 2020)
-The robbery rate decreased by 13.8 percent in 2020 (from 130.3 in 2019 to 112.3 in 2020)
-The rape rate decreased 8.2 percent in 2020 (from 36.8 in 2019 to 33.8 in 2020), while the aggravated assault rate increased 8.8 percent in 2020 (from 262.2 in 2019 to 285.4 in 2020)
-The motor vehicle theft rate increased 19.9 percent in 2020 (from 352.2 in 2019 to 422.4 in 2020)
-The larceny-theft rate decreased 14.9 percent in 2020 (from 1,558.8 in 2019 to 1,326.6 in 2020), while the arson rate increased 43.0 percent in 2020 (from 20.7 in 2019 to 29.6 in 2020)
If a police officer in California arrests you, it is essential to know your rights.
You may be feeling overwhelmed and scared after being arrested. It’s natural to have many questions about what happens next and what your rights are. This article provides an overview of the most important things you need to know.
By understanding your rights, you can protect yourself from any potential abuse or mistreatment by law enforcement officials. If you have been arrested, it is crucial to contact an experienced criminal defense attorney as soon as possible.
If a police officer in California ever arrests you, it is important to know your rights. The following guide will outline what you should do and say if you are taken into custody. Remember that every situation is unique, so it is best to consult with an experienced criminal defense attorney if you have any questions or concerns.
If you are arrested, the first thing you should do is to remain calm and avoid any physical confrontations with the police. It is also important that you do not say anything that could be used against you in court. Anything you say can and will be used against you, so it is best to remain silent until you can speak with an attorney.
In California, you have the right to a speedy and public trial. You also have the right to an attorney, and if you cannot afford one, the court will appoint one for you. If you feel like your rights are being violated at any point during your arrest or detention, make sure to let your attorney know as soon as possible so they can take appropriate legal action.
If you are ever arrested, it is important to know your rights. By remaining calm and silent, you can help ensure that your case is handled fairly and that you have a chance to defend yourself against any charges. If you have any questions or concerns, speak with an experienced criminal defense attorney.
1. Remain Silent
If the police try to interrogate you without reading your Miranda rights, anything you say can still be used against you. However, you cannot remain silent if the arresting officer asks questions about your identity (name, address, date of birth) or observes something in plain view. Therefore, it is best not to answer any other questions until you have spoken with an attorney.
The Fifth Amendment of the United States Constitution protects citizens from self-incrimination. This means that you cannot be forced to incriminate yourself. To “incriminate” means to say something that could be used as evidence in a criminal trial that would tend to prove that you committed a crime. For example, if the police ask you whether there was anyone else in the room when the victim was killed, and you say “no,” but later it is discovered that there was someone else in the room, your statement to the police can be used against you at trial.
In some cases, exercising your right to remain silent can result in additional charges. For example, if the police believe that you are withholding information about a crime, they may charge you with obstruction of justice or hindering an investigation. It is also a crime in California to refuse to provide your name or identification if a law enforcement officer has reasonable suspicion to stop and detain you. However, this does not mean that you have to answer any questions beyond providing your name.
If you are arrested, the best thing is to remain silent and ask to speak to an attorney. Exercising your Miranda rights can be complex at the moment, but it is always in your best interest to do so.
The Fifth Amendment of the United States Constitution protects citizens from self-incrimination. This means that you cannot be forced to incriminate yourself. To “incriminate” means to say something that could be used as evidence in a criminal trial that would tend to prove that you committed a crime. For example, if the police ask you whether there was anyone else in the room when the victim was killed, and you say “no,” but later it is discovered that there was someone else in the room, your statement to the police can be used against you at trial.
In some cases, exercising your right to remain silent can result in additional charges. For example, if the police believe that you are withholding information about a crime, they may charge you with obstruction of justice or hindering an investigation. It is also a crime in California to refuse to provide your name or identification if a law enforcement officer has reasonable suspicion to stop and detain you. However, this does not mean that you have to answer any questions beyond providing your name.
There is a chance that an officer may pat you down if they think it’s necessary. You have the right to object, but this could make things worse for yourself in court, so cooperate and be respectful while also verbally denying any consenting searches of your body or property- even though resisting them will not stop police from doing their job!
If the police officer does not have a warrant, they may still arrest you if they have probable cause to believe that you committed a crime. For example, if an officer sees you driving erratically and then finds an open container of alcohol in your car, the officer has probable cause to arrest you for DUI. If an officer has reasonable suspicion to believe that you are involved in criminal activity, the officer may stop and question you. Reasonable suspicion is based on specific and articulable facts, which means that an officer cannot stop and question you simply because they feel like it or because they think you “look suspicious.”
2. Ask for a Lawyer
An experienced criminal defense lawyer can help you understand the charges against you, the prosecution’s evidence, and your options for defending against the charges. A lawyer can also negotiate with the prosecutor on your behalf and represent you in court.
When choosing a criminal defense attorney, it is important to select someone who has experience handling cases like yours in the California court system. Be sure to ask about an attorney’s experience during your initial consultation.
By understanding your rights and working with an experienced criminal defense attorney, you can protect yourself during and after an arrest.
An arrest can be a frightening experience, but understanding your rights can help you stay safe and ensure that you can defend against any resulting criminal charges. If you have been arrested or are under investigation for a crime, contact an experienced criminal defense attorney today.
An experienced criminal defense attorney can help determine whether the evidence against you is strong enough to convict you and help develop a defense strategy that may result in the charges being reduced or dismissed. A criminal defense attorney can also negotiate with prosecutors on your behalf and represent you at trial if necessary.
If you cannot afford a lawyer, you may be entitled to a public defender. To request a public defender, tell the judge that you cannot afford an attorney at your first court appearance. The judge will then appoint a public defender to represent you.
Don’t Resist Arrest.
The best way to protect yourself during an arrest is by staying calm and polite. Resisting, fleeing, or otherwise obstructing an officer’s duties can put your life at risk. Hence, you must be respectful and cooperative with law enforcement as well!
By following these steps, you can help ensure that your case is handled fairly and that you have a chance to defend yourself against any charges. If you have any questions or concerns, speak with an experienced criminal defense attorney.
Jose A. Velasquez, Attorney at Law, is available 24/7 to take your call and answer any questions regarding your arrest. Call us now at (831) 424-5680 for a free consultation.
In Conclusion
1. An arrest may come unexpectedly, and you may be unsure how to act.
2. You have the right to remain silent and request an attorney before being questioned.
3. You should not resist arrest or provide false information to the police.
4. It is important to stay calm and cooperative during an arrest.
5. If you have any questions or concerns, speak with an experienced criminal defense attorney.
Contact Jose Velasquez today
Call 831-794-0686 for a free consultation and find out how we can help you!
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About JOSE
With over 37 years in law, José Velásquez, Sr. is a seasoned attorney specializing in criminal and personal injury cases across California and Arizona. A former migrant farmworker, José's humble beginnings in the Salinas Valley fuel his commitment as "The People's Lawyer." His career spans private practice, serving as a Municipal Court Judge (1995-2002) and a Superior Court Judge (2002-2007), handling over 70,000 cases. A Santa Clara University School of Law graduate, José is renowned for his relentless advocacy and deep community ties.
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