California Federal Criminal Defense Lawyers

Federal Crime Rights

What Rights Do I Have?

Whether you are an adult citizen or a non-citizen, you have certain rights if you are arrested.

Before the law enforcement officer questions you, he or she must tell you that:

• You have the right to remain silent.
  
• Anything you say may be used against you.
  
• You have the right to have a lawyer present while you are questioned.
  
• If you cannot afford a lawyer, one will be appointed for you.
  

These are your "Miranda" rights, guaranteed by the U.S. Constitution. If you are not given these warnings, your Los Angeles federal criminal defense attorney can ask that any statements you made to the police not be used against you in court. But this does not necessarily mean that your case will be dismissed. This does not apply if you volunteer information without being questioned by the police.

Once I Am Told My Rights, Can I Be Questioned?

You can be questioned, without a lawyer present, only if you voluntarily give up your rights and if you understand what you are giving up. If you agree to the questioning, then change your mind, questioning must stop as soon as you say that you want a lawyer. If the questioning continues after you request a Los Angeles federal offense lawyer and you continue to talk, your answers can be used against you if you testify to something different.

When Should I See A Lawyer?

If you are arrested in a crime, you should contact a California Federal crime defense lawyer as soon as possible. He or she has a better sense of what you should and should not say to the law enforcement officers to avoid being misinterpreted or misunderstood. The lawyer also can advise you or your family and friends of the bail process.

How Can I Find A Lawyer?

A friend, a co-worker or your employer, as well as doctors, ministers, or teachers may be able to recommend a lawyer.

Ask for a Los Angeles federal crime lawyer who is qualified in California federal criminal law. If you decide to hire a lawyer, make sure that you understand what you will be paying for, how much it will cost, and when you are expected to pay your bill. For more information, see the state bar pamphlet, "How Can I Find and Hire the Right Lawyer?"

What If I Can't Afford A Lawyer?

The Public Defender's office may provide you with a lawyer or the court will appoint one for you.
The U.S. constitution guarantees anyone charged with a crime the right to legal counsel experienced in criminal law.

When Is An Arrest Warrant Issued?

Usually a warrant is required before you can be taken into custody from your home. But, you can be arrested at home without a warrant if fast action is needed to prevent you escaping, destroying evidence, endangering someone's life, or seriously damaging property.

The warrant must be signed by a magistrate or judge, who must have good reason to believe that you, whom the warrant names, committed the crime. If your name is unknown, "John Doe" be used on the warrant - along with your description.

If the police have an arrest warrant, you should be allowed to see it. If they don't have it with them, you should be allowed to see it as soon as practically possible.

The police may search the area within your reach. If you are arrested outdoors, they may not search your home or car.

What Is Bail And How Is It Set?

When you are taken to court for bail setting or release, the judge will consider the seriousness of the offense you are charged with, any prior failures to appear - even for traffic tickets, any previous record, your connections to the community, as well as the probability that you will appear in court. The amount of bail is set according to a written schedule based on your charges. The law presumes you are guilty of the charges for the purposes of setting the bail or release.

Instead of paying bail, you might be released on your own recognizance or "O.R." (or "supervised O.R."). This means that you do not have to pay bail because the judge believes that you will show up for your court appearances without bail.

What Happens At An Arraignment?

You have the right to be arraigned without unnecessary delay - usually within two court days - after being arrested. You will appear before a judge who will tell you officially of the charges against you at your first arraignment. At the arraignment, an attorney may be appointed for you if you can not afford one, and bail can be raised or lowered. You also can ask to be released on O.R., even if bail was previously set.

When Can An Officer Conduct A Search?

An officer always may make a search with either your consent, a search warrant, or with probable cause. You have a right, however, to see the warrant before the search begins.

When Can An Officer Search You, Your Car, Or Your Home Without A Warrant?

• Body Searches: If you are arrested, an officer can search you - without a warrant - for weapons, evidence, or illegal or stolen goods. Strip searches should not be conducted for -offenses that do not involve weapons, drugs, or violence unless police reasonably suspect you are concealing a weapon or illegal goods. If you are booked and jailed, you may undergo a full body search, including body cavities.
  
• Home Searches: In emergencies, such as when an officer may be trying to prevent someone from destroying evidence, your home can be searched without your consent and without a warrant. If you are taken into custody from your home, an officer without a warrant can search only the limited area in which you are arrested. Other rooms - and even other parts of the same room - are off limits, unless the officer believes that other suspects are in other rooms. While searching your home, an officer can seize evidence of any crime, such as stolen property or drugs, which are in plain sight.
  
• Car Searches: Your car and trunk can be searched without your consent or a warrant if an officer has good reason to believe that it contains illegal or stolen goods or evidence. If the police stop your car for any legal reason - such as a broken tail light - they can take any illegal goods that are in plain sight.
  

If you, your home or your car is searched illegally, a judge might say that any evidence found during the search cannot be used against you in court. If you or your lawyer however, do not object to the evidence before trial, the court might allow the evidence to be used. Even if the judge does decide that the evidence cannot be used against you, it does not always mean that your case will be dismissed.