Do The Police Have To Tell Me Why They Arrested Me In Los Angeles?
When I meet with clients about their criminal matters, they often tell me the police refused to explain why they were being arrested or what was happening. They just grabbed them, shoved them into the police vehicle, and told them to be quiet.
There isn't any rule that says the police have to tell you why you're being arrested. In other words, I haven't seen a scenario where somebody got arrested, the police refused to explain why they were being detained, and somehow, that was used either as a defense or utilized to lessen the charges or get rid of them.
This makes sense. Why would there be a rule if they don't tell you what you're being arrested for that you can somehow benefit from?
Interrogation Room Interview
Most times, the police will eventually tell you why you're being arrested, but the bottom line is this: when they tell you, they're usually going to have you in a room. They're either audio or videotaping you or both, and they'll be ready to ask you some direct questions to see if they can get you to incriminate yourself, confess, or say something to help them prosecute your case.
So, the bottom line is, yes, you want to know what you're being arrested for, but a lot of times when they tell you, people will say something in response to that which later the police will somehow try to use against them. You have to be careful about that.
You don't want to talk to the police about why they're arresting you, what charges are being leveled against you, what witnesses are saying about you because once they tell you that. If you respond to that in any way, they will try to use your response against you.
Incriminating Statements
What I always say is the most powerful evidence the police typically have against people in criminal cases is their statement because their statement is either being twisted against them or the person said something that is clearly against their self-interest, and most jurors, prosecutors, judges, individuals who look at the case are going to say, why would somebody say that unless it was true?
It doesn't make any sense. Nobody would want to say anything against themselves. So, long story short, the police do not have to tell you why you're being arrested in LA even though they usually do, and when they do, they're looking to get some raise or answer out of you that incriminates you.
So, it's fairly meaningless if they didn't tell you why they're arresting you. Once you've been arrested, your job should be to get in front of a criminal defense attorney, sit down with them, and give them all the details and facts related to your case so they can start to assess the best way to help you.
You should also realize that even if the police tell you why they think you're being arrested, you don't even end up being charged with what they're arresting you for. In other words, the police, when they're arresting people, have to decide what to book them for and what to arrest them for because they have to put something in the paperwork.
Decision on How to File a Criminal Case
They have to figure out the bail; bails are attached to everything the police arrest somebody for. But what ends up happening is, after they arrest you, they're then going to send the paperwork to the prosecutors.
The prosecutors are lawyers like me. They're going to get the paperwork and information, and then they will decide on what to file. They're going to base that decision on what they can prove. Would they be able to demonstrate what the police booked you for? Is there a better crime to charge you with that fits the facts of your circumstances?
So, ultimately, it doesn't matter what the police are arresting you for because the prosecutors are going to make the final decision of what you're charged with, and then, in the end, your defense attorney is going to be the one that is going to speak to the prosecutors and judge, talk to you and decide on whether or not they've actually got any good evidence to charge you with any crime at all and if they do, what the appropriate charge should be and then they're going to negotiate on your behalf.
Either they will try to get the case dismissed or get the charges lessened, or they will try to work out a resolution that keeps you out of jail and protects your liberty, reputation, and record. So, sit down with your attorney first, tell them what happened, and then let them do the strategic moves that get you the best outcome.
