An arrest, a serious legal action, involves the police taking you into custody and initiating the booking process. This can lead to your release with a citation or a court appearance.
If they attempt to send you to court, you will have to either post bail or remain in custody. Within 72 hours, the police will be responsible for presenting you before a judge, or they will be required to release you.
Depending on the holidays, that can create some extra time. However, the bottom line related to an arrest is that the police take physical custody of you, put you in their police car, inform you of the reason for your arrest, transport you to the police station, and formally book you, not necessarily charge you, but book you.
What's The Difference Between An Arrest And A Detention?
This is an important distinction in Los Angeles County because if you are arrested. You make a statement to the police because they are asking you direct questions.
If you're detained, the police may not read you your Miranda Rights. However, if you incriminate yourself, your lawyer can argue that the statement is inadmissible, underscoring the vital role of legal representation in protecting your rights and ensuring a fair process.
They can take a statement from you, and you can be found guilty based on that statement. So, there's a fine line when it comes to arrest and detention.
The police always, of course, try to call it detention because they know they can ask questions and get answers that might be able to incriminate you.
However, the bottom line is that one of the main things is whether the person feels like they could leave. And that's based on that person. Did they think, based on the circumstances, that they could leave?
If you feel you couldn't leave a situation, it could be considered an arrest, triggering your Miranda Rights. If the arrest was unlawful, the case against you could be dropped, highlighting the urgency of understanding your rights and the potential consequences of an unlawful arrest.
So, when it comes to arrest versus detention in Los Angeles County, it's crucial to have a competent attorney by your side. Their expertise can be invaluable in examining all the facts and circumstances of your case, guiding you to make informed decisions that safeguard your rights, freedom, and reputation.
If any motions can be filed in your case, your attorney will handle them with expertise and diligence. They will do everything within their power to ensure the best possible outcome for your arrest or detention.
What Rights Are Triggered When You're Put Under Arrest In Los Angeles County?
Again, remember that people cannot be arrested, stopped, or detained for any reason. So, if you're arrested unlawfully, there is an argument that any evidence that's found against you – be it a gun, a knife, drugs, or any other evidence – that evidence can be suppressed.
It cannot be used against you. If that's the only evidence that the police have in order to attempt to find you guilty of the subject charges, and that evidence is thrown out, then the police are going to have to dismiss the case, and you will be on your merry way.
The most effective way to navigate this process is to enlist the services of the best available criminal defense attorney. They will leave no stone unturned in asserting your rights, securing your release from custody, and preserving your clean record. A criminal defense attorney will not only provide legal advice and representation but also ensure that your rights are protected throughout the legal process.
So, what I do is I have the client come in. We review all the facts and circumstances related to the arrest or detention. We determine what the reasonable suspicion was for stopping you. Reasonable suspicion is a legal standard that requires the police to have a justifiable reason to stop and detain you. It's important to understand this concept to know if your rights have been violated.
Was there really any criminal activity afoot, or did the police just decide on their own based on a hunch or conjecture that they were going to stop you and arrest you, because if they did anything, they found cannot be used against you? Any statements you made to them cannot be used against you.
It's my job to investigate all aspects of the case thoroughly and to ensure that it's handled as quickly and smoothly as possible. If you've been unlawfully arrested in Los Angeles County, I will work to ensure that your case is dismissed. You're out of the criminal justice system as fast as possible. Remember, understanding your rights and having a competent attorney by your side is crucial in protecting yourself during an arrest or detention.