Have You Been Arrested on Suspicion of a Crime?
If you have been arrested on suspicion of a crime, your first reaction may be to panic. It is quite natural to do so. However, this is the time to remain calm and collected. There are several precautions you should take and things you should avoid doing in such a situation.
Do Not Resist
Do not give the appearance of being uncooperative during an arrest. This could adversely affect your defense. What you can and should do is ask the police if you are under arrest. If the officer says “yes,” ask them why they are arresting you. You have the right, under the law, to know the reason you are being arrested.
Protecting Against Illegal Search and Seizure
Do not allow police to search you, your house, or your car voluntarily and without a search warrant issued by a judge. Remember that asking for a search warrant is not rude. You are simply exercising your constitutional right against an unreasonable search or seizure. In some cases, when law enforcement officials go back to request a search warrant, they may not get it because the judge may not find enough evidence to support issuing warrant. This might be a particularly important issue in drug crime seizures. In these types of cases, drugs that are illegally searched and seized are inadmissible as evidence in a court of law. In many of the cases where that occurs, the charges are often dismissed.
Giving Statements to the Police
It is important to remember that you are not required to talk to the police when they want to interview you about your alleged involvement in a crime. You have the right to remain silent, which is what you should do until you speak to a lawyer. The point here is, police officers and investigators can and will often use what you say against you. If you would like to give a statement, be sure that you have a lawyer present. This way, you would have had a chance to talk to your lawyer before making any statements that could affect your defense.
Talking to Friends and Posting on Social Media
Do not say anything to family members, friends, or anyone else, or post anything on social media or online about the crime with which you have been charged. Anything you say to anyone, including what you post on Facebook, Twitter, or online, can be used against you in court. In addition to statements, refrain from posting videos, photos, or any other materials online. Especially when you post on social media, you don’t know who is looking at your page. It would be in your best interest to suspend all social media accounts and online activity until your case is adjudicated.
How Our Defense Attorneys Can Help You
If you have been accused of a crime, it’s not your job to prove your innocence. In a criminal trial, the prosecutor who leveled the charges against you has what is known as the “burden of proof.” This means that the district attorney must present the proof that you are guilty of the crime.
At the Law Offices of Randy Collins, as criminal defense attorneys, we come up with a solid defense strategy to help fight the charges. Depending on the facts and circumstances of the case, we may take several actions with your approval to ensure the best possible outcome for you.
We may work with the prosecutor to negotiate a deal, which is also known as a plea bargain. This could help reduce your potential sentence or eliminate some or all of the charges against you. In other cases, we might work out a good sentencing program for your situation. For example, we might be able to reduce your jail or prison sentence or help you enter a drug treatment program instead of a prison sentence.
Our attorneys also work to gather evidence and statements from witnesses who can help corroborate your statements. Additionally, we hire experienced investigators who can independently look at the case and find pertinent evidence. We also retain expert witnesses who may be able to present evidence to a judge or jury that would help prove your innocence or rebut evidence that the prosecution presents.
It is crucial to retain the services of a lawyer who specializes in criminal defense cases. Santa Ana criminal defense attorney Randy Collins understands how the system works. A former prosecutor, he knows how the prosecution builds its cases and the strategies that might best work in your favor. He has had a remarkable and successful track record when it comes to getting acquittals for his clients.
He exclusively handles criminal law cases and dedicates his time to pursue justice on behalf of those who have been charged with felony and misdemeanor crimes.
Delivering Compassionate Yet Aggressive Legal Counsel
If you’re facing charges in Santa Ana, contact our criminal defense attorneys for a free case evaluation.
You can speak with an attorney for up to one hour with no obligation to retain our services. Call (844) 285-9559 or contact us online.