What Are My Rights if I Get Arrested in California?

Getting arrested can be scary but in the United States, there are many rules and regulations designed to protect individuals accused of a crime. If you have been arrested you have a variety of rights automatically granted to you and ones that you can invoke. Understanding your rights is crucial in ensuring that you are protected throughout the legal process. For more information and to obtain skilled representation during your case, contact a Red Bluff criminal lawyer today.

What Are My Rights if I Get Arrested?

When you are arrested in the United States, several rights will apply to you at varying points of the legal process. Below is a list of some of the most important rights you have as an accused or defendant.

1. The right to remain silent: Under the Fifth Amendment of the U.S. Constitution, you have the right to avoid self-incrimination, also known as the right to remain silent. Under this amendment, individuals cannot be compelled to testify against themselves. When you are arrested the police will likely interrogate and question you but you are not legally required to say a word.
2. The right to legal counsel: The Sixth Amendment of the Constitution states that individuals in any criminal case have the right to “have the Assistance of Counsel” for their defense. This means that after being arrested you have the right to legal representation. Once you request a lawyer the police can no longer question you without your attorney present and you have the right to be represented during every step of the legal process.
3. The right to a phone call: While there is no federal law protecting this right, California state law enforces the right to make a phone call after being arrested. In fact, if you were arrested in CA you have the right to make at least 3 completed phone calls immediately after being booked, no longer than 3 hours after your arrest.
4. The right to be brought before a judge: You have the right to understand the charges being brought against you which will happen before a judge or magistrate. Your rights require that you are able to appear before a judge generally within 48 hours. If the prosecution has not brought charges against you within that time you have the right to be released.
5. The right to a public trial: The Sixth Amendment offers all defendants in criminal prosecutions the right to a speedy and public trial. Under federal law, this means that the indictment must be filed within 30 days of the arrest and the trial must commence within 70 days of the indictment being filed.
6. The right to a trial by jury: The Sixth Amendment also offers individuals the right to a trial by an impartial jury. This right ensures that the trial will be overseen by a jury of your peers in the state where the crime was committed.

While there are many other rights afforded to you by federal and state law, the above are some of the most important to keep in mind after being arrested. Reach out to an experienced defense attorney today to discuss your case and obtain representation.