Know Your Rights After an Arrest in Orange County, CA

During an arrest, police officers detain a person in police custody, often because they are suspected of committing a crime. Custody occurs if the suspect is deprived of freedom of action in any way.

Arresting someone is a serious matter that involves depriving a person of their freedom of movement. For this reason, police must follow certain procedures when effecting an arrest.

The specific procedural requirements for arrest vary between states. Individual police departments, including the Orange County Sheriff Department, LAPD, Newport Beach Police Department, Fullerton Police Department, Tustin Police Department, etc., also often have additional arrest procedures.

Many people think that police must handcuff someone or put them in a police car to make an arrest. However, this is not true. Police may choose to do so depending on the circumstances, but they are not legally required to handcuff or physically detain someone to effect an arrest.

Police do not have to read someone their Miranda rights when they arrest them. These rights include, “You have the right to remain silent. Anything you say can be used against you…” These rights must be explained before police can interrogate someone.

Police often read a person their Miranda rights at the time of their arrest. However, in DUI cases, they rarely read Miranda rights.

A police officer cannot arrest someone just because “they look suspicious” or the police officer “has a hunch” about something. A police officer in Orange County or anywhere in Southern California can arrest someone in these three situations:

1. The officer has an arrest warrant issued by a judge.
2. The officer saw someone commit a crime.
3. The officer has probable cause to believe someone committed or is about to commit a crime.

Consensual encounters are police-civilian interactions that do not result in a restraint of an individual’s liberty.

Probable cause means that actual information exists leading the police officer to believe the person has committed or is about to commit a crime. In other words, an investigative stop or detention based on mere curiosity, rumor, or hunch is unlawful, even though the officer may be acting in complete good faith.

The Fourth Amendment is satisfied if the officer’s action is supported by reasonable suspicion to believe that criminal activity “may be afoot.”

The issue of excessive force often arises in the context of an arrest. Under the Fourth and Eighth Amendments of the U.S. Constitution, police must only use the minimum force reasonably necessary to effect an arrest. They cannot use excessive force.

When reviewing whether the force used was reasonable, a court will consider factors including but not limited to:

• The seriousness of the crime the person was suspected of committing
• Whether the suspect was a threat
• Whether the suspect attempted to escape arrest

If too much force is used during an arrest, the suspect may have a reason to sue the officer. This is because someone may have violated their constitutional rights.

A person who experiences excessive force can file a formal complaint. They can do this with the police department. The police may take disciplinary action. They can also file a complaint with the Department of Justice.

The Department of Justice may consider criminal charges. This depends on the situation and the investigation results.

An arrest, whether it is the first time or not, is always difficult. It is important to get the right help to see your case through. This will help protect your rights and freedoms. You do have to face criminal allegations on your own.

Richard Wagner is your criminal defense lawyer in Orange County who represents clients who want to obtain the best outcome possible in their situation. Fill out the online form or call (714) 721-4423 to schedule a FREE PRIVATE CONSULTATION.

If the police arrest you, you should immediately ask to speak to an experienced criminal defense lawyer. You have the right to do this. They can best advise you on the law and your options, including any diversion programs.

You need an experienced criminal defense attorney to protect your rights and freedoms. The U.S. Constitution gives you the right to a criminal defense lawyer. If you cannot afford one, you can have a public defense attorney.

It evens the playing field. A criminal defense lawyer allows you access to knowledge and a defense strategy you deserve.

The state has the experience, time, and money on its side. It uses this to collect evidence and build a case against you. Plus, they are not afraid to use intimidation tactics to get what they want.

An attorney can build a strong defense strategy. An attorney listens to your side of the story, investigates the facts, applies the facts to the law, and strategizes.

Sometimes, a clear defense is possible. Other times, it is about creating reasonable doubt. The prosecutor must prove your guilt beyond a reasonable doubt.

Sometimes, law enforcement overreaches. A good criminal defense lawyer knows what to check when a police officer might not have made an arrest correctly.

If your constitutional rights are violated, any evidence gained from that violation may be excluded. This is often called the fruit of the poisonous tree.

It’s complicated. The laws and procedures related to criminal law and criminal defense are complicated. You cannot do it alone unless you have knowledge of it, and if you try to do it on your own, you may end up in a worse place than you would have been.

For example, if you are offered a plea deal, the DA will draft terms most favorable to them, and you may agree without a fight in fear it is your only option. But a criminal defense attorney skilled in negotiation can protect your interests and get you the best plea agreement.