Criminal Law Elk Grove CA

Probably the most famous area of police questioning when it comes to criminal law is the infamous "Miranda warning," which begins with the phrase, "you have the right to remain silent…" We've heard this phrase, often in its entirety, for decades on television police and crime law dramas, and we've seen what happens in the television courtroom when the Miranda warning wasn't read. Although some people believe their case will be thrown out of court if they aren't read their rights, this just isn't the case.

Generally speaking, police don't have to read anyone their rights unless they've been arrested or detained. For example, if you are stopped on the street and asked if you saw a crime that just took place, police wouldn't need to read you your rights. However, in most cases, you would be under no obligation to answer any questions either. While the police can't arrest someone simply for refusing to answer questions, if you're stopped by the police during a traffic stop, failure to show proper identification or to cooperate may result in your arrest. This is because at the time of the traffic stop, you may be suspected of committing a crime.

According to criminal law statutes, if you have been arrested and have consented to police questioning, you have the right to stop answering questions at any time, and of course, you have the right to have a lawyer present. If you have been arrested and have not been read your rights, it's possible that the information you give during questioning won't be able to be used in court; however, that is a different matter entirely from having the case against you dismissed. Of course, if the only evidence the police have against you stems from something you said without having your rights read to you, then it is possible your case would be dismissed for lack of evidence.

There are legal and illegal searches in criminal law, and while you must submit to legal police searches, illegal searches can result in any evidence against you obtained by an illegal search being thrown out of court. Sometimes, people consent to a search just because they think they have to, and this isn't always the case. However, automatically consenting to a police search may well result in whatever evidence that search produces staring you in the face in court.

There are situations where a police officer may conduct a search without your express consent. Sometimes, law enforcement must have a search warrant in order to conduct a search, but this isn't always the case. For example, if you are arrested during a traffic stop, the police may then search your car. Even if you are not arrested, if the police suspect that you may be armed or involved in criminal activity, they may be able to search your car, and they may even do what is called a "pat down" of you or your belongings.

It is best to comply with a police officer's request to search you or your belongings, even if you feel the search may not be legal. This is because you will later have the opportunity to discuss everything with your criminal law attorney and to challenge the search in court if need be. It will only serve to escalate an already tense situation if you try to tell them their job. While the police are in no way infallible, it just doesn't pay to challenge them on the spot.

Everything that happens in a crime law show on television goes out the window when you are the one being arrested. For some people, it is truly the scariest thing that will ever happen to them. The best thing you can do for yourself if you are ever arrested is to never, ever resist arrest. If you are asked to put your hands behind your back, don't argue. If you do, you could be charged with resisting arrest, or worse!

You and you alone, sometimes, know whether you are innocent or guilty of the crime for which you might be arrested. Despite the horror stories we hear of the innocent spending years and years behind bars, or worse, being put to death for crimes they never committed, generally speaking, innocent people aren't usually convicted or held in jail for a long period of time. Even though your heart may be racing, comply with the police officer's request and save your arguments for the court.

There are several different processes that take place after someone has been arrested. These include being booked, fingerprinted, searched, and ultimately arraigned. You may be able to be released on bail, which is an amount of cash you put up to ensure your future presence at court proceedings. If you don't show up to court after posting bail, your bail will be revoked and a warrant will be issued for your arrest. If you're not able to post bail, you will have to stay in jail until your trial, even if you are innocent; however, if you are found guilty, the time you spend in jail before your trial may be credited toward your final sentence.