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Santa Cruz criminal law attorney arrest rights

Getting arrested is stressful for anyone. An arrest may come unexpectedly, and you may be unsure about how to act. Regardless of the alleged offense for which you are being arrested, you continue to have rights after being detained. By understanding these rights, you can keep yourself safe and ensure that you are able to defend against any criminal charges resulting from the arrest. 

Your Rights During an Arrest

When being arrested, you have the right to remain silent. You can exercise this right at any time, but there are only specific circumstances where a police officer is required to state this right. Miranda rights are only given when a person is in custody and will be interrogated. If these rights are not read during an arrest, they should be read before the interrogation. The Miranda admonition states that you have the right to remain silent, that anything you say can be used against you, that you have the right to an attorney, and that you have the right to a court-appointed attorney if you cannot afford to hire an attorney. If you intend to stay silent until a lawyer is present, you can (and should) make that verbally clear to the arresting officer. If you cannot afford a lawyer, the state must provide one for you. Here in Santa Cruz, we have excellent state appointed attorneys, also known as public defenders. 

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