Whether you are a resident of California or just visiting for the weekend, it is vital to know what to do when you face arrest. Many suspects want to leave jail fast and continue with their normal lives. In California, the law allows you to post bail before your release from jail. Also, you can use the services of a bail bonds company when the set bail exceeds your financial might.
This blog will provide an overview of what to do when you are arrested in California, including how to handle the arrest, your rights during the arrest, and what to do after you are released from custody. By understanding the process and knowing what to expect, you can take the right steps to protect yourself and your rights.
What Happens During An Arrest?
When you are placed under arrest, the first thing that will happen is that the arresting officer will read you your Miranda Rights. You have the right to remain silent, and anything you say can be used against you in a court of law. You also have the right to an attorney, and if you cannot afford one, one will be appointed for you.
After your Miranda Rights have been read, you will be handcuffed and placed in the back of a police car. You will then be taken into custody for booking. During booking, your fingerprints and your mugshot will be taken. Also, law enforcers search your person and confiscate any items found on your person.
After the booking, the police could release you on your own recognizance or use a bail schedule to set your cash bail. If bail is set, you must pay the total amount to be released from custody. If you cannot pay bail, you may still be released on your own recognizance or placed in a pretrial release program.
You must appear in court for your arraignment if released on your own recognizance or bailed out of jail. At your arraignment, the charges against you will be read, and you will enter a plea of guilty or not guilty. If you plead not guilty, a trial date will be set, and the discovery process will begin.
What Happens After an Arrest in California?
After an arrest in California, you will be taken to the county jail for booking. The booking process includes taking your fingerprints, photographs, and personal information. You will also be searched, and your belongings will be inventoried.
Once you have been booked, you will be held in a cell until your bail is set or you are released on your own recognizance. You will remain in custody if you cannot post bail until your arraignment.
At your arraignment, the judge will inform you of the charges against you and ask you to plead guilty or not guilty. If you plead not guilty, a trial date will be set, and you will be allowed to post bail. Sentencing will take place immediately if you plead guilty or have no contest.
If convicted of a crime, you may face time in prison or jail, probation, fines, or other penalties. In some cases, defendants are eligible for alternatives to incarceration, such as drug treatment programs or community service.
Remain Silent per Miranda Rights
During your arrest, the first thing you should do is remain silent. You have the right to remain silent per Miranda rights. Your statements can be used against you in court. So, keeping quiet is best until you have an attorney present.
The Supreme Court case Miranda v. Arizona (1966) is where the phrase "Miranda rights" first appeared (1966). In that incident, Ernesto Miranda was detained by the police after being arrested and subjected to a two-hour interrogation without a lawyer or any notification of his right to representation. After a trial, Miranda was found not guilty despite having signed a written confession.
The Fifth Amendment right against self-incrimination is designed by the Supreme Court to protect people from being forced to incriminate themselves. The prosecution cannot use statements obtained during a detention interrogation unless certain procedural procedures have been followed. Therefore, a suspect must be informed before being questioned that:
- They have a right to remain silent.
- Their statements could be used against them in court.
- They have a right to an attorney's representation.
- Before the interrogation, an attorney will be appointed if they cannot afford one.
Ask to Speak to a Lawyer
After facing an arrest in California, you want to ask to speak to a lawyer as soon as possible. This is your right under the law, and it is important to exercise it to receive the legal help you need.
When you ask to speak to a lawyer, the police must give you a list of free or low-cost legal services. You should contact one of these lawyers to seek their help on your case and learn your options.
It is also vital to remember that anything you say to the police can be used against you in court. So, even if you are innocent, it is best not to say anything until you have spoken to a lawyer.
Private Attorney Vs. a Public Defender
Although many public defenders are learned, private attorneys who give their clients the best possible representation are the ones you should choose. The fact that public defenders work for the government means they are vulnerable to a heavy workload, budget cuts, and bureaucratic politics. Even while you might try to convince your public defender to approach your case differently or dig further into the details of your case, a public defender cannot afford to provide you with the close, individualized attention of a private lawyer.
With a private criminal defense lawyer, you can speak with a legal representative who can give you their full attention. A private criminal defense lawyer will probably have more resources available to address the numerous motions the District Attorney will submit, placing you in a better position to receive the least severe punishments.
Do Not Resist Arrest
Many suspects know that resisting arrest is not a good idea, but they may not know the consequences if they do. In California, resisting arrest is considered a misdemeanor. Possible sentencing could be up to one year in county jail and a fine not exceeding $1,000. The crime is defined as willfully resisting, delaying, or obstructing a peace officer in performing their duties.
There are a few things you should do if arrested:
- Remain calm and do not resist the arresting officers.
- Tell the officers that you wish to remain silent and ask for an attorney.
- If released on bail, make sure you attend all court dates.
Things you should not do if arrested:
- Do not speak to the police without consulting a lawyer. Your statements could be misinterpreted, affecting your case even if you are trying to describe the facts and have nothing to conceal.
- Do not discuss your case with anybody other than your attorney. This implies that since they might subsequently be compelled to testify against you by the prosecution, do not talk to your friends, family, or cellmates. After being informed, your attorney will tell you whether and with whom you can discuss your matter.
- Do not attempt to persuade the claimed victim(s) or witness(es) to alter their accounts.
- Whatever you do, avoid signing anything without your attorney present.
Resisting arrest can only worsen the situation, so it is always best to cooperate with the police and exercise your rights under the law.
Posting bail
In California, you may be able to post bail to be released from custody after an arrest if you are eligible. Bail is a sum typically set by a judge and must be paid to secure your release. You may be required to post bail if you are deemed a flight risk or if you are considered a danger to the community.
If you can post bail, you must appear in court for all future proceedings. If you fail to appear in court or violate the terms of your release, your bail may be forfeited, and you may be subject to additional charges.
It is important to consult with an attorney before posting bail, as they can help ensure that the amount is fair and that you understand the conditions of your release.
On Your Own Recognizance Release
If arrested in California, the court could release you on your own recognizance, commonly known as an O.R. release. This means that the court has decided that you can be trusted to return for your court date without having to post bail. To qualify for an O.R. release, the court will consider factors such as the severity of the crime, your criminal history, and whether you have ties to the community. If the court decides to release you on your own recognizance, you will be given a date to appear in court and will not have to post bail.
Factors a Judge Will Consider When Setting Bail
There are a few factors that a judge will take into account when setting bail. These include the severity of the crime, the defendant's criminal history, the risk of flight, and whether the defendant is a danger to the community.
The severity of the crime is the most important factor in determining bail. If the defendant has been charged with a serious crime, such as murder or rape, then it is likely that bail will be set at a high amount. This is because there is a greater risk that the defendant will flee if given the opportunity.
The defendant's criminal history is also taken into consideration when setting bail. If the defendant has a long history of criminal activity, then it is more likely that they will re-offend if released on bail. Therefore, bail may be set at a higher amount in these cases.
The risk of flight is another important factor in determining bail. If it is believed that the defendant is likely to flee before their trial, then bail will be set at a higher amount. This is because there is a greater chance that the defendant will not show up for their court date if they are allowed to flee.
Note that if it is believed that the defendant may pose a threat to public safety, then bail will be set at a higher amount to ensure that they remain in custody until their
Determining Bail Amount in California
After you have been arrested and booked, the next step is to see the judge. The judge will then set your bail amount. This can be done in two ways: either the judge will consider a bail schedule, or they will use their discretion to set an amount.
The bail schedule lists crimes and the corresponding bail amount for each. The judge will look at the crime you are accused of and consult the bail schedule to set your bail amount. The judge can set your bail amount if charged with a crime that is not on the bail schedule.
Working With a Bail Bonds Agent
After an arrest, you have a short window to choose a bail bonds agent. Your loved one or defense lawyer could help with finding a lawyer. Points to consider when selecting a California bail bonds company include:
Picking A Bail Bondsman To Meet Your Needs
When it comes time to pick a bail bond agent, you need to find one that will work with you to ensure you get the best possible service. You want to ensure they are licensed and have the experience necessary to help you through this tough time.
The first thing you should do is ask around for recommendations from friends or family who may have had to use a bail bond agent in the past. Once you have a few names, you can start researching each one. Look up reviews online and see what other people have said about their experience with the bail bondsman.
Once you have narrowed your choices, you can start talking to each bail bond agent about your specific situation. Be honest about your charges and what you are expecting from them. They should give you a realistic estimate of how much it will cost and how long it will take to get out of jail.
Make sure that you are comfortable with the bail bondsman before signing anything. You should feel like they have your best interests at heart and will do everything they can to help you through this difficult time.
Pick The Bail Bondsman That Is Accessible And Available
When you are looking for a bail bond agent in California, you want to make sure that you find one that is both accessible and available. There are many bail bond agents out there, but not all of them are created equal. You want to find one who can help you through the process and be there for you when you need them.
You first want to look for a bail bondsman with a physical office you can visit. This is important because you want to be able to sit down with someone and talk to them about your case. You also want to be able to get any questions that you have answered in person. You want to rely on something other than email or phone calls regarding your bail bond.
You also want to ensure that the bail bondsman you choose is available 24 hours a day, seven days a week. This is important because you never know when you will need their help. If something happens in the middle of the night, you want to get help immediately. You want someone who is always available and ready to help you out.
Finally, you want to make sure that the bail bondsman you choose is willing to work with you on payment options. This is important because only some have the same financial situation. You should never have to worry about whether or not you can afford your bail bond because your bail.
Pick A Bail Bondsman With A Great Reputation
When looking for a bond dealer in California, choosing one with a great reputation is important. There are a few things you can do to research a bond dealer before making your decision.
First, you can ask around for recommendations from people you trust. If someone you know has used a bail bond agent in the past and had a positive experience, that is a good place to start.
You can also read online reviews of bond dealers in California. Look for reviews on multiple sites to get a well-rounded view of each bail bond agent’s reputation.
Finally, you can contact the bail bond agent directly and ask questions about their experience and policies. This is a great way to get specific information about the bail bond process and ensure you feel comfortable with the bail bondsman you choose.
Pick a Bail Bonds Agent Who Operates in California
When you need a bail bond agent, it is important to choose one who operates within California. This will ensure they are familiar with the state's bail bond laws and regulations. A local bail bond agent will also be able to provide you with more personalized service.
When choosing a bail bond agent, ask about their experience and success rate. You should also inquire about any fees or hidden costs associated with their services. Finding an agent you can trust who will work hard to get you out of jail as quickly as possible is important.
Find a Reputable Bail Bonds Agent Near Me
If you face an arrest for an offense in California, you must know your rights and what to do next. The first thing to do is seek ways to walk out of jail. If eligible for posting bail, you could leave jail after posting it. The judge sometimes sets a higher bail than what you can afford. In this case, you should seek bail bond services to help post your bail.
At Justice Bail Bonds, we are licensed and have a proven track record for helping crime suspects in Temecula walk out of jail when they cannot afford the set bail. If you or a loved one is seeking bail bond services in California, call us at 951-445-4155, and we will not leave any stone unturned until you leave jail.
