Arrested in California – what rights do you have?

by Mike on September 8, 2017

Arrested in California – what rights do you have?

Being arrested can be an unnerving experience; it helps to know what your rights are, should you ever be in this position in California. Knowing your rights helps you to ensure that you are treated fairly, and according to the legal system that is in place.

Your constitutional rights are the same wherever you are arrested in the US. You have the right to remain silent. If you choose to give up this right, and speak to the police, anything that you say can be used against you when the case goes to court. You have the right to seek bail. Of course, you also have the right to hire a Los Angeles Criminal Attorney , to help with your case. Remember to choose an attorney who is experienced in the type of crime for which you have been arrested.

Ask about the crime you are being charged with

If you are ever arrested, you should make sure that you ask what crime you are being charged with. If you are being charged with a misdemeanour, it’s possible for your attorney to appear in court for you. Punishments for this type of crime include fines, probation and up to a year in jail.

If you are charged with a felony, the first court appearance you will face is the arraignment. It’s at this point that you will be told the charge that you are facing and asked to plead guilty or not guilty. Once this hearing has taken place, the prosecution and defense discuss the case, and decide whether a settlement can be reached.

The court process when you are charged with a felony

If there is no settlement, the next stage in the process is the preliminary hearing. This hearing takes place within sixty days. It’s at this hearing that the court decides whether the evidence is sufficient to suggest that you committed the crime. If it’s decided that there is sufficient evidence, you will be arraigned to Supreme Court within fifteen days.

At the Supreme Court arraignment, you will be asked whether you plead guilty or not guilty. If you plead guilty to the charges you are facing, sentencing will happen within twenty days. If you plead not guilty, a trial date will be set, for no more than sixty days in the future. This time frame does not apply if a defendant relinquishes the right to a speedy trial.

You can see that the court process for felony charges can be quite involved. If you are charged with a felony, you may well find yourself in court on several occasions. The most important thing is that you know what your rights are at every stage of the process. We have provided an overview in this article. The attorney you hire to deal with your case will provide you with any further advice and support that you need, throughout the court process.

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