If you are in search of a criminal defense attorney in Anaheim CA then you likely have many questions. At Simmons Wagner, LLP we are here to answer those questions. Keep reading for general answers to some of the questions are most commonly asked, or call us at (949) 439-5857 to request a consultation and get answers to your specific questions.
Is a warrant required for the police to arrest me?
To make an arrest, police usually require a warrant. An arrest without a warrant is permissible in the following circumstances: (1) when an offense is committed in the presence of law enforcement, or (2) when a police officer has probable cause to believe the person committed a felony, regardless of whether the offense was committed in the officer’s presence.
What do my Miranda rights entail?
If police wish to question you while you’re being held in custody, they must first advise you of your Miranda rights. Miranda rights include the right to stay quiet and the warning that any comments made during police interrogation will be used against you in court, the right to have a criminal defense attorney in Anaheim CA present during questioning, and the right to have a lawyer assigned if you cannot afford one. The remarks you give to the officers are inadmissible as evidence against you in court and should be thrown out if the police take you into custody and conduct an interview without informing you of your Miranda rights.
What rights do I have if I’m detained?
You have the right to stay quiet after being detained, as well as the right to a criminal defense attorney in Anaheim CA. Your rights after an arrest are infringed if you are forced to talk to the police and provide them information without your counsel present. You can and should use your Fifth Amendment protection against self-incrimination to exercise your right to stay silent. Giving police statements before speaking with an attorney is one of the most costly mistakes you can make.
Anything you say to the police might be used against you. The accused’s own words are some of the most devastating evidence in criminal trials. It’s usually in your best interests to refuse to answer any substantial inquiries and seek legal advice right away. Simply inform the cops that you will not answer any questions until you get a chance to consult with your criminal defense attorney in Anaheim CA.
In California, what is the difference between a felony and a misdemeanor charge?
In California, a misdemeanor is a crime that has a maximum penalty of one year in county prison. Those charged of one of these infractions might face a punishment of up to $1,000 or more, depending on the severity of the crime. Prostitution accusations, public drunkenness, and petty theft are examples of misdemeanors.
Felonies are more serious than misdemeanors and incur harsher punishments. If you commit a felony in California, such as murder, you may face life in jail, heavy penalties, and a damaged record that will follow you around for the rest of your life.
If you are in need of counsel from a criminal defense attorney in Anaheim CA, contact Simmons Wagner, LLP at (949) 439-5857 for a legal consultation.