What to do when you are arrested

When police or other law enforcement agencies investigate a crime in California (such as driving under the influence, domestic violence, sexual assault or an offense involving drugs), it is very likely that someone will be arrested. Once officers are involved, investigations take on a life of their own and typically end up in the hands of prosecutors, judges, and sometimes juries. With very few exceptions, it is virtually impossible to talk your way out of a criminal investigation and therefore, it is recommended that you not try. Remember, law enforcement does not have your best interest at heart and the days of law enforcement conducting a thorough, unbiased investigation into the truth of what happened went away with budget cuts long ago. Thus, the best course of action for anyone in the position of being investigated or arrested is to politely advise the police, sheriff, or California Highway Patrol officer that an attorney must be present before any questions will be answered. This is why it is imperative to contact one of the California state bar certified criminal law specialists from Tully & Weiss, Attorneys at Law, as soon as possible during any stage of a criminal investigation - and the sooner, the better.

Although it may be difficult, it is critical that the individual being investigated remains silent until he or she is able to contact a criminal defense attorney. While it is human nature to try to defend oneself by explaining one's actions, do not do so. Firstly, if the statement makes you look bad, it will be taken in the worst possible light and used against you. Secondly, if the statement is neutral, it will be taken in the worst possible light and used against you. On this point, it is important to note that many times law enforcement will deliberately not record your statement and instead write down their own version of your statement. Then it's their word against yours in court and they are professionals at testifying and get to wear their uniforms and shiny badges and you will be the one accused of a crime, testifying for the first time in court. Furthermore, because law enforcement, by law, can lie to you when they are talking to you, you may not have any idea how what you say relates to what they are really after. Lastly, because law enforcement many times make up their mind on the spot whether or not they are going to charge you with a crime, even if you say something exculpatory - something that helps you - they will sometimes ignore exculpatory information or actually go out of their way to discredit a truthful alibi. Therefore, an accused must not make any statements - even if that means that you will be arrested.

Being arrested can be one of the most frightening and overwhelming experiences an individual may ever have. Hiring the right attorney can help ease some of that anxiety as he or she can guide an accused through the criminal court process with experience and compassion. That being said, not all lawyers are created equal and it can be a daunting task to find the best representation. Below are some tips on how to make that decision easier during an obviously difficult time.

Conduct a consultation. Consultations can be either face-to-face at the attorney's office or over the phone. Whether conducted in person or over the telephone, one of the most important things that an individual accused of a crime should look for during a consultation is a feeling of trust. Sharing the details of an arrest can be a very emotional experience, which is why establishing trust is so important. The only way that a criminal defense lawyer can effectively represent his or her client is if the client discloses all facts and allows the attorney to decipher their importance and relevance. Honesty on the part of the client is crucial and, without it, that client's defense is in severe jeopardy. Remember, when an individual interviews an attorney, the attorney will always have an obligation to keep the entire conversation confidential - even if you don't end up hiring the attorney!

The accused should have a list of questions to ask the lawyer and should also be prepared to answer a series of questions from the lawyer. The accused may want to ask questions about the attorney's education and training and about how he or she keeps current with the law and cutting-edge trial strategies. It is crucial to hire a lawyer who has experience with a variety of California cases and laws. Each attorney at Tully & Weiss, Attorneys at Law, is certified by the California State Bar as a Criminal Law Specialist, receives extensive training, and is kept up-to-date on current criminal defense issues. They have successfully defended countless charges with integrity and skill.

A good lawyer wants to help a potential client understand the criminal process. He or she should make the individual feel that there is no such thing as a Ôstupid' question and should respond to all questions by giving meaningful answers. The tone and the extent in which the attorney answers the questions can be very telling about his or her knowledge on the subject. Additionally, a qualified attorney should, in most circumstances, ask the potential client very specific questions about the case and the events that took place prior to the individual's arrest. He or she should also ask questions relating to the details about the arrest itself. If the attorney isn't asking questions about the case as well as who you are as a person, chances are that he or she is not serious about providing representation.

A skilled criminal defense lawyer will immediately determine whether or not it is in the client's best interest to seek release from jail. Usually, in all but very serious cases where the client is bordering on county jail versus years in prison, it is in the client's best interest to seek release. If a release is in the best interest of the client, an experienced attorney will lead the client through the release process whether that involves posting bail, reducing bail, or effectively demonstrating to the judge why the accused should be released without having to post any bail at all. In addition to the obvious benefit of regaining one's freedom, there are several other significant advantages to defending a case while out of custody. For instance, lying witnesses will tell different lies over time, won't be able to remember their original lies, or they may recant and eventually feel pressure to tell the truth of what happened. Thus, the strength of the prosecution's evidence usually lessens over time. An aggressive attorney will note any discrepancies in evidence over time and use these inconsistencies to help fight their client's case.

A seasoned California defense attorney may want to work with a private investigator to help gather all the pertinent facts. The investigator submits his or her findings in a report directly to the attorney, helping the attorney to more fully develop the defense strategy. An investigator will also assist the attorney in diligently searching for and obtaining all pertinent records, reports and photographs that are related to the client's case. Once all the evidence is collected, the attorney can develop the most comprehensive and effective strategy to help acquit the accused or to give them the lightest sentence according to the law based upon all the facts.

The bottom line is that an attorney should be honest, trustworthy, understanding, and knowledgeable. The lawyers at Tully & Weiss, Attorneys at Law, exemplify those traits and take pride in exceeding client expectations. When things are at their worst, the attorneys at Tully & Weiss are at their best! Click here for a free, confidential consultation.