subject: What to do if you are arrested and placed into the police vehicle or arrested or taken to the police station? [print this page] What to do if you are arrested and placed into the police vehicle or arrested or taken to the police station?
What to do if you are arrested and placed into the police vehicle or
arrested or taken tothe police station?
Be careful here. The police can and will secretly record your conversation while you are in custody in the police car and in jail without your permission. Police vehicles now have extra sensory advanced devices to record every word and body movement and sounds.
Do not be surprised if the police leave you with another suspect in the police vehicle or the interrogation room alone. The purpose of this is for them to record the unsolicited but yet incriminating conversation that inevitably will take place between you and your co-defendant if there is one in your case.
Defendants like you, often talk their way right into prison especially when the cops had no or very little evidence to use in the first place.These kinds of recorded statements are usually admissible in court against you. Taking the advice of a "jail house lawyer" when talking with one of the other co-defendants in order to get your stories "straight," will give you a very unpleasant surprise in the courtroom! Our advice to you is, do not talk. Just ask for a lawyer!
Again, you have the right to remain silent and to talk to an attorney before you talk to the police.
Tell the police nothing except your name and address.Do not give any explanations, excuses or stories. Again, you can make your defense later in court based on what you and your attorney decide is best for you.
Always ask to speak to a lawyer immediately. If you cannot pay or cannot afford an attorney, you have the right to a free attorney through the Public Defenders Office. You should ask the police how the attorney could be contacted. Do not say anything without an attorney present.
Within a reasonable time after your arrest or booking, you have the right to make a local telephone call to an attorney, bail bonds person, a relative or any other person. If you are not a citizen of the United States, it is imperative that you call immediately since counties like Sonoma are now working closely with the ICE (Immigration Customs Enforcement) authorities. Please also note that when you call from the jail, the police may listen to your calls except for any calls placed to the attorney. I advise clients to state in the beginning of their call to an attorney: "This telephone call is between me and my attorney and it is privileged, protected and a confidential communication."
Sometimes you could be released without bail on your own recognizance or just merely cited. In other instances you can have your bail lowered.Have your attorney ask the judge at the first hearing (arraignment) about this possibility so that you and your family can make bail. Our office policy is, at the very first hearing, if the client is in custody we make an appeal and a very strong argument that the client (defendant) should be immediately released based a on lack of criminal history and his/her strong community ties and the likelihood that he/she will appear at the very next court hearing. We often bring to court the employer, family members, and spouses to show the court that our defendant deserves of release or in the very least a lowered bail.
Do not make any decision in your case until you have talked to an experienced attorney.
