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, then you are going to have to either post bail or you will stay in custody, and then in 72 hours, the police will be responsible for getting you in front of a judge, or they are going to have to let you go.
Depending on the holidays, that can create some extra time. But the bottom line related to an arrest is the police taking physical custody of you, putting you in their police car, telling you why you are arrested, taking you to the police station, and formally booking you – not necessarily charging you – but booking 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 some sort of 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, highlighting the crucial role of legal representation.
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.
But, the bottom line is, one of the main things is did 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, emphasizing the importance of understanding your rights.
So, when it comes to arresting versus detention in Los Angeles County, it's crucial to have a competent attorney by your side. They can thoroughly examine all the facts and circumstances of your case, guiding you to make the best decisions to safeguard your rights, freedom, and reputation.
If there are any motions that 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, people cannot just 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 criminal defense attorney available. They will leave no stone unturned in asserting your rights, securing your release from custody, and preserving your clean record.
So, what I do is I have the client come in. We go over all the facts and circumstances related to the arrest or the detention. We find out what the reasonable suspicion was to stop you.
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 flush all this out and to get the case taken care of as quickly and smoothly as possible, and if you've been unlawfully arrested in Los Angeles County, to make sure that your case is dismissed. You're out of the criminal justice system as fast as possible.
