When an officer of the law is reading you your Miranda Rights and putting you in cuffs, a lot of stress, anxiety, and adrenaline can overwhelm you. How you compose yourself during the arrest, whether unexpected or part of an ongoing investigation, and the steps you take after are crucial. Knowing your rights and how to protect yourself legally, both with your actions and legal counsel, can help you navigate the stressful situation.
For San Mateo County, there are do’s and don’ts to follow when you have been arrested, and it will be in your best interest to seek legal counsel. Having an experienced defense attorney from The Law Offices of M. Gabriela Guraiib who knows all the steps from arrest to bail to court appearances can help make an overwhelming situation more manageable.
Stay Calm and Comply with the Officer’s Orders
It is essential to keep your composure. Fight or flight may kick in, and it is imperative not to give in to either. Giving in to either of those, such as getting verbally defensive, argumentative, or fleeing, will only escalate the situation and possibly lead to additional charges, such as disorderly conduct or resisting arrest. Rather, calmly comply with lawful orders, such as providing identification or getting into a police vehicle.
Compliance, however, does not mean you have to answer any questions. After Miranda Rights have been read, anything you say can be used against you in front of a judge, and you should say as little as possible. Any verbal or physical resistance to lawful requests can be interpreted as hostile and may lead to additional legal consequences. Remain calm, comply with legal requests, and do not get physically or verbally defensive or aggressive. Avoid doing or saying anything that may exacerbate the situation.
Invoke Your Right to Remain Silent
One of your most essential rights, outlined in the Fifth Amendment and part of the Miranda Rights, is your right to remain silent. If asked anything beyond identifying yourself, politely inform the officer, “I am invoking my right to remain silent,” and quietly comply with any lawful commands.
Sustaining your silence will remain important as your case goes on. Do not talk to anyone about the details of your case except when your attorney is present. A legal counselor can help you determine what to say and if you need to say anything at all. Officers may try to engage you in small talk, but these questions should be avoided as well. Officers can use what you may think is an innocuous answer to something as simple as, “How’s your day been?” to start building their case.
Simple questions can also lure you into a false sense of safety or work you up so much that you may accidentally say something incriminating. Silence cannot be held against you, but anything you say can.
Do Not Consent to Searches
Along with remaining silent, do not consent to any searches. Officers may want to search your belongings, vehicle, phone, etc., but without a warrant, they must request your permission to do so. You have every right not to give consent. Similar to invoking your right to remain silent, state, “I do not consent to this search.” If the search goes on without your consent, do not resist, as it may escalate the situation, but commit to memory how the search takes place.
Remember when you denied consent, what they searched, and when, and then let an attorney know as soon as possible. In some cases, officers may perform a “search incident to arrest,” a kind of search that occurs roughly at the same time as the arrest, often to secure the safety of those involved. This limited search does not extend beyond the arrestee or immediate area, and officers still need consent or a warrant to search your other personal property beyond these bounds.
Ask for an Attorney Immediately
Another part of the Miranda Rights is the right to an attorney. It is wise to have legal counsel available whenever officers are present and asking questions; even waiting for an attorney may seem suspicious. Just like silence cannot be held against you, neither can requesting a lawyer. There are numerous ways to let officers know you want to wait for legal representation.
- “I want to speak to a lawyer.”
- “I request an attorney.”
- “I will not answer any questions until I am provided with a lawyer.”
Do not answer any questions until your attorney is present. They can help guide you with what questions you must answer and how to answer them. You have the right to a public defender if you cannot afford an attorney.
Booking Process and What to Expect
After the arrest, you will be taken into custody and go through the booking process, which includes things like obtaining your personal information, fingerprints, and mugshot. Police may begin interrogating, but you still have the right to remain silent. San Mateo County has four corrections locations, and you may be temporarily held at the Maple Street Correctional Center or the Maguire Correctional Facility, both in Redwood City. After initial questioning, officers may handle what to do with you next in a few different ways.
- Arraignment: You will be brought into court for a formal reading of the charges against you.
- Release: Depending on the severity of the charges, you may be released. Make sure you understand any fines you have to pay, court appearances you need to attend, etc.
- Bail Hearing: If you are held instead of released, a bail hearing will determine if you can be released while awaiting trial and how much that will cost.
Understanding Bail and Release Options
Bail is an agreement with the court that you can be released from custody while awaiting your court appearances. During your bail hearing, a judge will set the amount based on factors such as the severity of the crime, your criminal history, and the likelihood of you appearing in court. You may be released on your own recognizance (OR) rather than having to pay a fee as long as you agree to attend all your court appearances.
OR is typically granted to those not considered flight risks and with lower-level offenses. If you can cover the bail amount, someone will have to bring the amount specified to the jail on your behalf. If you cannot cover the bail, you can work with a bail bond agent who may charge a fee to post bail in your name. However, not everyone is allowed out on bail. If you are being held for serious felony charges or are considered a flight risk, you may be denied a bail option.
What NOT to Do After an Arrest
Certain actions will lead to further trouble in your case, whether out on bail or in jail. Four ways to avoid additional harm to your case include:
- Do not talk about your case with anyone, especially cellmates, family, or friends. Remember, correspondence from jail is monitored or recorded and can be at trial. Also, cellmates can turn into prison informants and testify against you.
- Do not post anything about your case on social media. Any post you create can be used as evidence and help officers build their case.
- Do not attempt to negotiate with the police. Anything you try to negotiate and how you try to negotiate can be used as evidence and lead to further charges. Let your attorney handle any negotiations.
- Do not miss court dates. Arriving late or not appearing in court at all is another way to get into more legal trouble. It can also help establish who you are as a person in the eyes of the court.
How a Criminal Defense Lawyer Can Help
No matter the severity of your charges, legal representation from an experienced San Mateo County defense attorney will be crucial to secure the best outcome in your case. At The Law Offices of M. Gabriela Guraiib, attorneys understand the intricacies of the local law. They can also review and challenge the evidence against you, negotiate plea deals, and represent you in court, giving you a credible source for all of your rights and a guide to the different forms, appearances, and other tasks required of you. If you have been arrested in San Mateo County, schedule a free 30-minute consultation with The Law Offices of M. Gabriela Guraii to start building your best defense.
The best thing you can do after an arrest is stay calm, invoke your rights, and call an attorney. Seek immediate legal counsel to protect your future. An experienced criminal defense attorney will guide you through the legal process, protect your rights, and fight for your best possible outcome. No one should face such an overwhelming and stressful situation alone, and everyone has a right to have legal counsel on their side. If you or a loved one has been arrested in Redwood City or San Mateo County, contact The Law Offices of M. Gabriela Guraiib today.
