What You Should Know if You are arrested in San Francisco

Posted by Chris Morales on Fri, May 14, 2010 @ 03:09 PM

      When you are arrested, you are taken into custody, which means you are not free to leave. A detention is similar to an arrest, but it is for a shorter time usually no longer than 20 minutes.

       Before interviewing you, the police must read you your Miranda Rights. There are four rights:1)You have the right to remain silent 2)Anything you say may be used against you 3)You have the right to have a lawyer present while you are questioned and 4) If you cannot afford a lawyer, one will be appointed for you.

     The police can ask you some initial investigative questions without reading you your rights but once they have decided that you broke the law they must read you your rights before asking any further questions. 

        It is usually better not to talk to the poilce until after you have discussed the situation with a San Francisco Criminal Attorney

        Obviously law enforcement officials can arrest you, but private citizens can also arrest you if they see you committ a misdemeanor or a felony. The private citizen must take you immediately to a police officer or a judge.

        Once you are arrested you can make 3 free phone calls.

      The police will set bail, each crime has a set bail amount and you will need to pay that amount to get out of jai. In some cases like a first time DUI, the police will normally release you after a couple of hours. 

     After your arrest the police will write a police report and send it to the District Attorney's Office. The District Attorney's Office will then decide whether to charge you with a crime.

      The local police and the Department of Justice maintain all arrest records. If you are arrested and no charges are filed by the District Attorney you should hire a San Francisco Criminal Defense Attorney to petition the court to seal and destroy your arrest record. This must be done within 2 years of your arrest. 

        The most important thing to do after your arrest is to hire a good Criminal Attorney. 


Tags: Miranda warnings, bail, San Francisco arrest, criminal attorney