Being questioned by law enforcement before to arrest is one of the most critical points of the whole criminal process. Anytime someone is investigated for an offense gives statement it can be dangerous. Those under investigation for a crime need to bear in mind that the POLICE ARE NOT YOUR FRIENDS. Law enforcement officers are simply collecting statements so they can use those same statements AGAINST YOU later on. Remember, you have the right to remain silent and right against self-incrimination. This means you don’t have to answer any of the officer’s questions and can choose to instead remain silent. We highly recommended always exercising this right until you seek counsel from a lawyer.

If you are not in custody, then you are always within your rights to walk away from the police officers. First, ask them if you are “in custody”: if they say you are, by law they must inform you of what you’re being arrested for and also must read you your Miranda Rights. Being in custody doesn’t necessarily mean you’re going to be handcuffed. Rather, to be placed in custody means you’re under control of the officer. For instance, if you feel that you can’t walk away from an officer, then you are technically in custody. You also have rights against unreasonable search and seizure. A police officer can’t simply search your person, your car, your home, or seize your belongings without meeting the appropriate legal standards.

As far as “Search and Seizure” goes, the rules and standards differ depending on the what is being searched and the why. The officer will need to ask a potential defendant if they can search their person, car, or property and typically the suspect gives the officer permission. YOU SHOULD NOT GRANT PERMISSION. This can only hurt you. Don’t allow police to search if they ask you.

Yes!  The police are allowed outright to get you to incriminate yourself. They usually allege that they have witnesses, other evidence like a video tape when they do not; or offering false deals. There are many reasons why you ought to perhaps be suspicious of officers and their strategies, and their immunity is a big reason. Your best bet is to remain silent and wait to speak with a lawyer.

A police officer can try and question or interrogate someone who has been arrested. Typically, as a defendant you have the same rights regarding answering questions as you do when you are not under arrest,as mentioned above. If you’re in custody the officer must read you your Miranda Rights before questioning you. During this time you’re also entitled to have an attorney present. Most importantly, if you are under arrest and being questioned, you still have the right to remain silent, which you ought to exercise.

If a friend of yours is currently in custody and wants to be bailed out, your first step would be to get in touch with the police station or jail in which your friend is being held.  Ask the deputy if bail has been set for your friend.  After being arrested, a person is typically frisked, taken to the holding facility, booked, and processed before the officer or deputy can issue bail.  This can be a lengthy process, so you could end up waiting.  If your friend is currently under the influence of alcohol or drugs, or is considered to be a danger to themselves or others, bail won’t be set until they sober up.  After bail is set you can speak with a bail company or arrange for private payment.

If you appeared in court as instructed but the court had no case for you, the one thing you must do is have the clerk stamp your citation to prove that you in fact appeared as ordered.  It may be the case that the police officer was late in filing your paperwork or the district attorney decided not to file any charges.  The DA could also want to take more time in making such a decision or desire for the officer to continue to investigate your case.  Not having a case filed with the court on the day you show up does not mean there is automatically no case against you.

If you have been arrested and released from police custody you are typically handed a slip or citation (cite out) to appear at court on a certain date and time. If you were not given any information on your court date contact the agency that arrested you and find out if they filed a report or if they have any additional information. If the police did not give you a citation and you have no court date this does not mean you’re in the clear. The police can always continue to investigate the matter. The best thing to do is, call an attorney and have him handle this sensitive situation.

Your attorney may be able to appear one your behalf without you needing to be present in most cases if you have been charged with a misdemeanor.  If you have been charged with a felony offense, you will need to show up in court with your attorney.