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Knowing that you have constitutional post-arrest rights and can assert them is crucial if you are arrested. That way, you can ensure law enforcers uphold these rights, increasing the chances of obtaining a favorable case outcome and justice. This blog focuses on different rights after arrest in California.

Right to Know the Criminal Charges Against You

Law enforcers should notify you immediately of the criminal charges against you when you are accused of an offense. The 6th Amendment and the California Constitution require law enforcers to tell you of the accusations in the form of formal complaint or an arrest warrant. It allows you to ensure you can defend yourself and receive a fair trial.

Rights Against Illegal Search and Seizure 

The 4th Amendment to the United States Constitution safeguards individuals from unreasonable searches and seizures, and any evidence law enforcers obtain through an illegal search cannot be used in court. The legal protection seeks to restrain the government from invading spaces where an individual is allowed privacy without significant justification.

A valid search warrant must support many searches on private property. The warrant should be based on probable cause, stating areas where the police will search and the individuals or items they will confiscate. Nevertheless, the police do not require a search warrant in the following circumstances:

  • Hot pursuit of a fleeing felon
  • Imminent destruction of evidence
  • Emergencies that police officers must respond to
  • Consent to a search involving an individual with the capacity to consent
  • Legal searches, when an officer has probable cause that a motor vehicle is carrying contraband
  • An individual is not entitled to the right against search and seizure when the proof is in an open field or in plain view.
  • A search to which you have consented

What Constitutes an Unlawful Search and Seizure?

The key elements that can help you determine if a search warrant is unlawful are as follows:

  • No probable cause — Probable cause means that there is a reasonable belief influenced by facts that an offense has happened or that the police might find proof of an offense during the search. If the judge did not issue a search warrant or the police performed a search without probable cause, the search is illegal.
  • Exceeding the warrant’s scope — Even if police officers have a valid search warrant, their search should be limited to the specific location and property written in the warrant. If the officers overreach beyond what is authorized in the warrant, any proof obtained is illegal.
  • Search incident to arrest — When an individual is legally apprehended, officers can search their person and the immediate place around them without a search warrant. Nevertheless, the law limits the scope of this search, and possible overreach is unlawful.

What Happens When Police Violate Your Search and Seizure Rights?

When law enforcement acquires proof through an illegal search, your defense lawyer can bring a motion to suppress per PC 1538.5. If the judge grants the motion, the evidence obtained becomes inadmissible in court. It could significantly weaken the prosecutor’s case and result in a reduction or dismissal of the charges. 

Please note that this applies to evidence discovered during the illegal search and proof that law enforcers found as an indirect outcome of the unlawful search.

Right to Make a Call After Your Arrest

California Penal Code 851.5 states that immediately upon booking, except when physically impossible, three hours following an arrest, one of the arrested individual rights is making three calls. You should make the calls at no charge if they are made to phone numbers within the local calling zone or at your expense if you are calling outside the locality.

Law enforcement should notify you of your entitlement to make phone calls when taken to a police station. The right is to help you contact an attorney or notify your loved ones of your arrest. The officer might make it look like you are only entitled to a single phone call, but that is not factual.

Privacy When Making Calls

Suppose you request to call your attorney while in police custody, one of your post-arrest rights is that your conversation should be private. Police officers should neither listen nor record the call to your legal counsel; they cannot use anything you say to the attorney in court.

The police should also inform you that those conversations are confidential when talking to your legal counsel, either over the phone or in person.

You must assume the police are recording your call if you speak with someone else apart from your legal counsel. Therefore, you should stick to basic facts when talking to someone else.

Miranda Warnings as One of the Rights after Arrest California

Miranda rights are anchored in the 5th Amendment of the U.S. Constitution. A Miranda warning can contain the following language:

  • You can exercise your right to stay silent
  • Anything you disclose may be used against you in court
  • You have the legal right to contact an attorney to represent you during interrogation
  • If you cannot hire an attorney, the court will appoint one for legal representation

These arrested individual rights apply when police take you into custody for interrogation; they should advise you of these rights. You are considered in custody when the police substantially deny you freedom of action, like not being allowed to leave.

After reading about your Miranda rights, the police will ask you whether you understand these post-arrest rights. Police officers may then ask whether you intend to talk to them willingly and without legal representation present.

Exercising your Miranda rights requires you to make a statement, like the following:

  • “I opt to stay silent.”
  • “I seek to speak to an attorney.”

Staying silent without saying anything to law enforcement is inadequate; you should exercise your rights.

Can Miranda Rights Be Waived?

Waiving your Miranda rights is not advisable, but you could decide not to invoke them.

There are two types of waivers, which include the following:

  • Express waiver
  • Implied waiver

An express waiver means that you affirmatively declare that you agree to speak to law enforcement. Most police departments can request that you sign a written document indicating you waive your rights.

An implied waiver allows you to proceed to talk to law enforcement without affirmatively waiving your rights. A valid implied waiver must contain statements that are:

  • Voluntary
  • Knowing
  • Intelligent

Your Rights after Arrest California Regarding Driving Under the Influence (DUI) Cases

Following a DUI arrest, law enforcement is not required to inform you of your Miranda rights. A warning becomes necessary only when a police officer initiates custodial interrogation.

A custodial interrogation involves a police officer asking you questions that might generate incriminating answers. The questions the police ask in a custodial interrogation can be the same as those an officer asks in a DUI investigation.

The officers can lawfully ask questions without disclosing your arrested individual rights in a DUI investigation. Nevertheless, they should read you Miranda warnings before asking questions, provided they have taken you into custody.

What Happens When Police Violate Your Miranda Rights?

Some of the ways the police can violate your Miranda rights include the following:

  • The police interrogated you without reading you the Miranda warning
  • The police did not allow your defense lawyer to be present while questioning you
  • The police tried to coerce you into self-incriminating yourself during the interrogation

If law enforcers breached your Miranda rights, your attorney can bring a motion to suppress evidence. If the court grants the motion, the statements become inadmissible in court.

Miranda violation is not always grounds for case dismissal. The court could dismiss the case if the police illegally obtained the only proof against you. Nevertheless, the case will proceed if the prosecutor has more evidence against you.

Right to Due Process

Due process is addressed in the 5th and 14th Amendments. The 5th Amendment only safeguards against the federal courts' and the federal government's overreach. It is crucial to ensure the equal and fair delivery of justice. Nevertheless, via the principle of incorporation, the United States Supreme Court ruled that the 14th Amendment also extended these legal rights to state courts.

The due process provision has procedural and substantive legal protections.

Procedural protections refer to the measures the authorities should adhere to before depriving a person of life, property, or liberty. The measures include notification of charges, fair hearings, and the legal right to a lawyer.

Substantive due process safeguards defendants from regulations that may violate their fundamental arrested individual rights. Previously, the U.S. Supreme Court used substantive due process protections to establish several crucial legal rights not enshrined in the Constitution, like the entitlement to marry.

Burden of Proof

In legal proceedings, the burden of proof determines which party should demonstrate its case and to what extent. The prosecution team should prove the accused individual's guilt beyond a reasonable doubt. Therefore, it is the greatest threshold of proof, reflecting the seriousness of potential repercussions.

On the other hand, in civil proceedings, the legal standard is a preponderance of the evidence, indicating that one party’s argument may be valid or not. In certain civil cases or defenses, the legal threshold is convincing and clear proof, which falls between the abovementioned standards.

The burden of proof and due process seek to safeguard the defendant. Due process ensures just treatment and appropriate legal procedures, while the burden of proof requires the prosecuting team to prove a defendant’s guilt. Therefore, the interplay is essential in preventing unjustified convictions while ensuring that defendants are not denied their constitutional entitlements without a justifiable cause.

The Constitutional Right to a Fair Trial

California’s legal system emphasizes neutrality, ensuring all defendants receive a fair trial. The right includes several rights after arrest California, like the following:

  • The entitlement to confront witnesses who are testifying against you.
  • The legal right to a jury trial —You are entitled to a trial by an impartial jury of peers.
  • The constitutional right to present proof — You can submit evidence supporting your defense.

Right to Legal Representation

You have the legal right to a lawyer during your criminal proceedings. Suppose you cannot afford to hire one. In that case, the court will designate you a public defender to make sure you have legal representation to help you navigate the complexities of the judicial system while protecting your rights.

The Constitutional Right to a Speedy Trial

The right to a speedy trial means that your trial should happen within a reasonable time frame, without unnecessary delays. A speedy trial also helps avoid extended detention and ensures that your case is resolved quickly.

The Right to Access Evidence

The constitutional right to access evidence allows you to review proof that the prosecution team intends to present against you. Access to this proof enables you and your attorney to prepare a robust defense and to identify discrepancies with the prosecution team’s case.

Right Against Double Jeopardy

The double jeopardy rule is found in the 5th Amendment to the United States Constitution.

The 5th Amendment assures that no defendant should be prosecuted twice for the same offense. Therefore, the government must not prosecute a defendant upon the conclusion of their case. Typically, a case can end in an acquittal or a guilty verdict. The Amendment also prohibits authorities from imposing several penalties for lesser crimes.

The 5th Amendment protection against double jeopardy applies only to federal proceedings. The 14th Amendment’s due process provision applies this prohibition to state courts. Consequently, you can use double jeopardy as a defense in federal and state courts regardless of whether you are charged with a misdemeanor or a felony.

However, the double jeopardy rule does not apply in cases with a mistrial.

Each criminal defendant can appeal the district court’s verdict under federal law. If the appellate court rules that the trial court convicted the defendant on insufficient evidence, it may reverse the conviction.

If that happens, the conviction is deemed an acquittal, meaning the double jeopardy rule applies.

Find an Aggressive and Knowledgeable Defense Attorney Near Me

Facing criminal charges can be overwhelming, and the repercussions can be life-changing. Whether your charges are severe or minor, you have post-arrest rights tailored to protect you. Understanding these arrested individual rights can help you obtain justice and fairness throughout the criminal judicial process. That is why seeking professional help is essential. At King Stahlman Bail Bonds, we believe that knowing your rights after arrest in California is your initial line of defense and can ensure you understand them. Please call us at 619-232-7127 to learn how we can help you.