Being arrested is one of the most stressful experiences anyone can face. Whether it’s your first time or not, understanding what happens next can make all the difference.
In this video, criminal defense attorney Sina Mohajer breaks down exactly what to expect immediately after an arrest, your most important legal rights, and how the court process typically unfolds. You’ll also learn about common mistakes that can seriously harm your case, and how to avoid them. By knowing what to do, and what not to do, you can protect your freedom and give yourself the best possible chance for a positive outcome.
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Transcript:
Sometimes we make mistakes. After all, we’re human. But some mistakes lead to more severe consequences, like getting arrested. In this video, I want to address just that: what to expect immediately after you’re arrested, understanding your legal rights, what to expect for the court process, and lastly, some major mistakes that I have seen when defending clients in a criminal case.
For those who don’t know me, I’m Sina Mohajer with Mohajer Law Firm. We specialize in Criminal Defense, Family Law, Estate Planning, and Personal Injury. In these videos, I like to take legal questions or legal issues and try to simplify it for our viewers in order to give you that information and know-how on what to expect and how to handle your case more effectively. So if you like the contents of this video, please hit that like button. And don’t forget to subscribe either so you’re always informed of any new videos being posted. And without further ado, I welcome you all to our new mini-series called A Walk in the Park.
What Happens After You’re Arrested?
So what happens immediately after an arrest? Well, you’re going to get arrested and taken either to a jail or a booking center where they’re going to take your fingerprints, photographs, as well as any items you have on your person.
Miranda Rights
Either immediately before the arrest or immediately after, they are required to read you your Miranda rights, which we’ll dive into more later. But it’s important to note whether they do this or not, because if they don’t, you need to let counsel know—your legal representative—in order to be able to defend your case a little bit better.
Interrogation or Bond
After the Miranda rights, that’s when you’ll either go through an interrogation process or you’ll be given a bond in order to be released from jail.
Your Legal Rights After an Arrest
Now, what are some legal rights that you have immediately after you’re arrested?
Right to Remain Silent
Well, number one is you have the right to remain silent. It’s part of the Miranda rights. Take advantage of it. Don’t waive it, because they say anything you say may be used against you. In my opinion, it will be used against you in a court of law. So keep your mouth shut. Don’t answer any questions and wait till you have an attorney.
Right to Seek Counsel
Another right that you have is you have the right to seek counsel. Whether you want to hire private counsel of your choosing or if you can’t afford an attorney, one will be provided to you at no cost by the public defender’s office.
Right to a Phone Call
Another right you have is the right to a phone call, but not like we see in the movies where you only get one. In California, you can actually have up to three phone calls within a reasonable period of time. So it’s important to note this so you can call the right individuals to come to your aid and help out if need be.
The Court Process
So what can you expect in the court process?
Arraignment
Well, the very first court hearing is going to be your arraignment. During this stage, you’re going to only plead either guilty or not guilty to the judge. Nothing else is going to be necessary for you to say during that hearing. It also gives your attorney an opportunity to be able to get the discovery necessary from the district attorney’s office so we can start planning out your defense, as well as to get a copy of the complaint that they are charging you with.
Pretrial Conferences
After the arraignment stage, it’s going to be a bunch of pretrial conferences. There could be as little as one pretrial or as many as four to even eight pretrial conferences before your case is ready for trial.
During this stage, it allows us attorneys to be able to speak to the district attorney’s office to poke holes in their case and build up your defense in order to either get a dismissal or some type of favorable plea offer to you.
At that stage, if we can work out a deal, great, we enter into the deal, the case is done. But in the event that we cannot work out a deal or they will not dismiss the charges, then you have no other choice but to proceed forward with trial.
Court Trial
And that comes stage three, which would be your trial stage where we prep in order to have that trial with 12 of your peers sitting in the jury box to determine whether you did or did not commit the allegations being made against you.
Common Mistakes When You’re Arrested for a Crime
Speaking to Authorities Without a Lawyer
Now, some common mistakes that I have seen when defending my clients, or even observing in court, is one, someone is speaking to law enforcement or the district attorney’s office without their legal representative being present. You have the right to answer questions, explain your side of the story, but it’s very important not to do that unless you have legal representation by your side.
During that interrogation or during your statement, we can at least step in when we feel it’s necessary to protect you from saying something that will be used against you during your case.
Ignoring Court Dates or Conditions for Release
Another common mistake I see is ignoring court dates or conditions of the judge for allowing you to be released. Now, if you have a bond, or if there is no bond and you were released on your own recognizance, it’s a promise that you’re going to return back to court. So missing a court date will get you an arrest warrant issued immediately.
Also not following conditions. For example, in a typical DUI case, the court may allow you not to post bond and to be released so you’re not in custody so long as you follow their condition, which is attending AA meetings once or twice a week. And every time we come for a pretrial, the judge is going to want to see that attendance sheet that they signed off, showing that you have attended the number of times that they’re ordering.
By not following that condition, that can cause you to be arrested right there on the spot, and bond can be denied. So it’s important to follow court dates as well as conditions the judge sets.
Not Hiring an Attorney
Another common mistake I see is not hiring an attorney. You have the right to free counsel. Take advantage of it. If you can’t afford private counsel, at least go with the public defender’s office. But under no circumstances are you to defend your case on your own. That is the biggest mistake I see. It’s not common, but it has happened enough times where I felt it was important to bring up in this video.
Contact Mohajer Law Firm If You’ve Been Arrested
So in this video, we talked about what to expect when you’re arrested immediately thereafter, talked about your legal rights, what is the court process to expect in that type of stage, as well as some common mistakes I’ve seen in a criminal defense case.
So if you have questions about your particular case or your situation, or you know someone who needs assistance, I welcome you to contact our office for a consultation. I’m happy to sit down with you one-on-one, figure out what’s the best strategy to take, and figure out your next steps.
And if you like the contents of this video, hit that like button. And again, don’t forget to subscribe either so you’re always informed of any new videos being posted.