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24 Hour Bail Bonds:

Los Angeles: 323-547-8786

Orange County: 714-541-1155

San Bernardino: 909-381-3899

San Diego: 619-381-4859

Riverside: 951-445-4155

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What to Do if You are Arrested But Innocent in California?

Posted on Dec 19th, 2022 by Super User 939 Views

The worst thing that can happen to anyone is an arrest, especially if you face charges for a crime you did not commit. An arrest changes your life. It disrupts your life and leaves you with a damaging criminal record that could harm all facets of your life, including your social and career lives. Having the best legal representation is advisable if you face accusations of a crime you did not commit. But first, focus on regaining your freedom following an arrest to prepare well for the court hearings. If you cannot pay bail, a trustworthy bond agent can assist in obtaining your pretrial release. When free, you can then engage a lawyer, gather evidence, and prepare to defend yourself against the allegations you face.

What To Do After a Wrongful Arrest

Arrests take place frequently. Following general tips or using an arrest warrant, the police make arrests. The police's involvement in the case ends with the booking procedure after they make an arrest. The prosecutor then takes over the matter. The prosecutor reviews the police report before filing charges against you in court. It will happen if the prosecution believes they have a solid case against you.

However, that does not automatically make you guilty. Unjustified arrests occur frequently. But the truth comes out after a trial. So, it is advisable to wait until trial to demonstrate your innocence if you are arrested for a crime you did not commit. Before that, it is crucial to comprehend what you can accomplish to improve your situation.

Work on Your Pretrial Release

After an unjust arrest, securing your pretrial release is crucial. Fortunately, bail is available for all defendants in California unless there are exceptional circumstances. For example, the judge will not release you on bail if you are a menace to your neighborhood or have committed a serious crime. However, you can qualify for bail if you guarantee that you attend all your court case hearings.

You will appear in court for the first time following your arrest to have the judge set your bail. The judge will examine your case's specifics and criminal record to determine whether you qualify for bail. The judge will also assess your eligibility and establish your bond amount. They will first consider the bail schedule in your county for the crime for which you face charges. Depending on the circumstances of your case, the court can raise or lower the bail amount shown on the schedule.

After determining the sum, the judge will let you post bail for your pretrial release. You can do that in several ways, including posting a cash bond, offering a property bond, or utilizing bail bonds. If you or a family member has the full bail amount, you can post cash bail. Alternatively, you can secure your release using a valuable asset like a house, company, or car. If none are available, you can speak with a bond dealer about surrey bonds instead.

Reputable bond agents are available 24/7 to assist defendants in obtaining freedom from police custody. After contacting a bond dealer, you will quickly be given a bail agent to handle your release. The agent will first explain the bail process, the agent's conditions of service, and what is expected of you following your release. After your release on bond, it is advisable to show up for all court dates to prevent further issues, like bond forfeiture by the court and additional criminal charges for missing a court date.

Hire an Attorney

After a false arrest, the most common error is to believe that you do not require legal representation because you are innocent. You could think that choosing a criminal defense lawyer amounts to an admission of guilt. Remember that at the trial, a jury will prove your innocence. Therefore, you require legal assistance to provide your side of the story and the supporting facts. The first thing you should do after your release on bond is to retain legal counsel.

More than the guilty, an innocent individual needs legal protection, especially in the early stages of the investigation. You can be duped into making a false confession, which could lead to your guilty verdict and imposition of punishments for an offense you did not commit. A lawyer is also necessary if you want to defend your rights. When investigating a crime, the police can efficiently utilize aggressive tactics to coerce confessions, even from innocent people. These are some difficulties you could experience if you face accusations of a crime despite being innocent.

Inform your lawyer of all that happened in connection with the situation. To better comprehend your case, they will carry out an independent investigation and review the police record. To support your proof, your attorney will gather evidence. Eyewitness accounts, phone records, bank account and employment information, pictures and videos, video surveillance, and DNA evidence are all examples of proof your attorney needs.

Your lawyer will also advise you on what to say and do and what not to say or do to prevent putting yourself in jeopardy. It is ideal to allow your lawyer to speak to the police and anyone else interested in your case. Anything you say following your arrest could be used against you in court.

Assert Your Legal Right to Remain Silent

The police will read you your Miranda rights following an arrest. Your right to silence is one of your legal rights because the police could use everything you say against you. Since you are innocent, you can feel pressured to explain what happened and the basis for your innocence to other people. You could use more words than required to have everyone believe you because you want them to. However, it can ultimately work against you. It is best to speak only if your attorney permits it. By doing this, you will safeguard yourself from self-incrimination.

Keep in mind how threatening an arrest is. You could become anxious and stressed and say things that you otherwise would not have stated under different circumstances. Inconsistencies between your statements and deeds can give the police the impression that you are guilty. Additionally, the police can misinterpret your words and remarks and use them against you in court.

The fact that the law guards against self-incrimination are an added advantage. Refusing to respond to the police's inquiries will not land you in trouble. Stop defending yourself and let your lawyer handle the defense instead.

According to the Fifth Amendment of the United States Constitution, no one can be forced to testify against themselves in a criminal prosecution. You are not required to respond to inquiries from the police or judicial representatives after an arrest. The prosecution cannot use you as a witness during the trial or even be mentioned concerning your refusal to talk to the police. You can ask for legal counsel after the arresting officer has read your Miranda rights. They should appoint a public defender if you cannot afford a private lawyer. Then and only then should you discuss the case.

Decline Voluntary Testing and Searches

Other strategies the police employ to gather evidence for the prosecution include testing and searches. If you are innocent, you could immediately consent to a DNA test or other examination, expecting the results to demonstrate your innocence. The police can request to search your person or property and attempt to persuade you that doing so is the only way to establish your innocence. You do not need to consent to any tests or searches the police can conduct on you. You can respectfully refuse and only permit it if they have a warrant.

The police must first acquire a search warrant to search you or your property. Even though they are permitted to do so without a warrant but with your permission, you should ensure that the search is carried out legally. Thus, request the officers to return with a search warrant. Make sure you read and comprehend the search warrant so you can make sure the police stay within its mandate.

Additionally, you need to fully understand your rights to consent before giving the police a sample for testing. Do that only if they have a legitimate warrant to obtain a sample. Remember that the police will employ various strategies to collect evidence that they can later use against you in court. You can never be sure what they will discover during testing and searches or how incriminating it could be if you immediately consent to them.

Once more, ask your lawyer for advice on what to do and what not to do if you submit to a police test or search. You can rest assured that the police will not violate your rights if you have a lawyer.

Gather and Safeguard Evidence

The burden of proof rests with the prosecution when you are facing criminal accusations. They must present pertinent and convincing evidence to prove your guilt beyond a reasonable doubt. Since you are innocent, you could be tempted to sit back and let the prosecution present its evidence. You could believe there is no need for more proof to support your innocence.

The fact is that prosecutors will not file charges unless they have enough proof and are confident they can win a conviction. There can be more evidence against you than anticipated in the prosecutor's hands. Do not wait to be found guilty of a crime you did not commit. Amass proof and be ready to defend yourself.

You can assume you do not need a more robust defense than people accused of crimes. Even more, proof is needed for the innocent to persuade the jury of their innocence and convince the judge to drop the accusations against them. You must put a lot of effort into assembling proof and crafting a solid defense against your charges. Legal assistance ought to make that simple.

As soon as you become aware of your charges, begin gathering proof. Share this proof with your lawyer. Help your attorney gather more evidence by cooperating and sharing information with them. You could supply information like your call logs, email correspondence, and other technological communications, and the names of witnesses who could speak favorably in your defense. Avoid the temptation to remove any evidence supporting your guilt while doing this. That could be used against you by the defense team. If it can affect your case, provide your lawyer with any information, no matter how insignificant it seems.

Refrain From Contacting The Victim

To comprehend their motivations, you could be tempted to talk to the person falsely accusing you of committing a crime. Inquiring with them about dropping the charge is a decent notion. If the person is someone close to you (a family member or friend), you could feel that talking to them will cause them to reconsider pushing the criminal case further. But it is best to avoid contacting the accuser or the victim altogether. That could be used against you by the prosecution team.

The person who accused you falsely could have done so for several motives, like getting even with you, seeking revenge, or simply out of hatred. At that point, establishing your innocence in front of the jury and the world should be your priority. If you attempted to contact them, your situation could become even more precarious.

The defense team can contend that you are attempting to intimidate the victim. That will not help your case, especially if you face charges for a serious crime. If you believe speaking with your accuser could improve your situation, discuss this with your criminal defense lawyer. They have a wealth of information and experience to handle situations like this.

Additionally, you need to avoid contacting any potential witnesses in your case. Allow your attorney to communicate with them if they contact you. That would shield you from jeopardizing your circumstance.

Realize That Being Innocent is Not Enough

The criminal justice system is more intricate than first glance could suggest. Even if you are innocent, the police will carry out their duties, especially if they have a complaint or an arrest order. The police will not treat you any differently from other suspects they have previously detained just because you claim to be innocent. As a result, the police will pursue you if you face criminal charges, just like they do with any suspected criminal. Your arrest could occur anywhere at home, work, school, or even on the street. Like true criminals, you will go through the criminal court system.

Arrests are terrifying and stressful. Knowing that you are not guilty of the charges against you makes it worse. You should not let that stop you from fighting, though. Do not let your anxiety and tension have the best of you. You could say or do things that further jeopardize your situation. Therefore, take a moment to reflect so you can make the proper decisions.

When the cops come to arrest you, do not fight them. You could be tempted to believe that the police should not treat you like a criminal because you are innocent. Keep in mind that they are merely performing their job. It could worsen if you resist an arrest or fight the cops. If you do not assist the police, you can face charges for additional crimes. For example, if you fight an arrest, hit a police officer, or run from them, you can face charges for further offenses. Even though you are innocent of the underlying charges, these are severe accusations that could lead to a criminal conviction.

If you are released on bail, attend all court dates. Being innocent does not grant you free rein to forego a trial. Since you were not the one who committed the alleged offense, you could believe that the judge would be a little forgiving of you. But that is not at all how the legal system operates. Work hard to establish your innocence. You could face charges for an additional crime if you fail to show up for all your court dates. Additionally, the court will forfeit your bond, which will cost you and your family more money.

Find a Reliable California Bail Bond Near Me

Are you innocent but were arrested in Temecula?

There is no other method to establish that besides going through criminal prosecution. To avoid being found guilty of a crime you did not commit, you must be well-prepared and have a strong defense. You must first battle for a bail release to achieve that. After your arrest, our Justice Bail Bonds agents will ensure you rapidly receive a pretrial release. You will then have plenty of time to select the top criminal defense lawyer, compile your evidence, and prepare for trial.

Additionally, aim to attend all court dates and avoid anything that can damage your case. This way, you will protect yourself from additional criminal accusations. To find out more about our services, contact us at 951-445-4155.

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For faster service please call 951-445-4155 24 hours a day, seven days a week if you or a loved one has been arrested and need to be bailed out quickly and confidentially or if you simply have questions regarding bail, an arrest, or inmate information please do not hesitate to call or fill out our contact us form. We are available 24/7 for all of your bail needs. 

For faster service please call 951-445-4155 24 hours a day, seven days a week if you or a loved one has been arrested and need to be bailed out quickly and confidentially or if you simply have questions regarding bail, an arrest, or inmate information please do not hesitate to call or fill out our contact us form. We are available 24/7 for all of your bail needs.