Riccardo L. Ippolito Criminal Law Blog on Lawyers.com

Protecting Your Rights

Monday, August 31, 2009 by Riccardo L. Ippolito

Valencia, Ippolito & Bowman - San Jose criminal defense lawyers

Protecting Your Rights - If you are being detained by Police

The Fourth Amendment to the Constitution guarantees our rights against searches and seizures and was adopted to protect an invasion of our privacy. This amendment has been scaled down to fit modern day law enforcement, and combat rising crime and public safety issues. The Fifth Amendment provides a right against self-incrimination, and a right to a jury trial. These two amendments provide the basis for the list of rights provided below.

If you are being detained by the CA police, be courteous, polite, and remember what you say may come back to hurt you. To protect yourself when detained by police, remember your rights:

1. You have the constitutional right to remain silent. This right also includes the right to not sign any statements. Anything you say to the police can be used as evidence in court.

2. You have the right to hire an attorney or get one assigned to you by the court.

3. You have the right to let someone know you were brought to the police station.

4. If a police officer stops you and asks you questions but has no reasonable motive to believe you are committing a crime, you do not have to answer the questions.

5. If the police stop you while driving, you have the right to not answer any questions. However, you do have to provide your CA driver’s license, car registration, and insurance information.

6. If the police ask you to go the police station but you are not under arrest, you have the right to politely say no.

7. If you are arrested, you have the right to not speak until your lawyer is present.

8. You have the right to NOT be fingerprinted unless you are charged with an indictable offense.

9. Once you are charged with an offense or breaking a law in CA, you have the right to know it is without delay.

10. You have the right to obtain bail.

Please call our office as soon as possible to arrange a free consultation, whether it is for domestic violence and abuse in San Jose, drug possession in San Jose, or homicide in San Jose. You can contact Valencia, Ippolito & Bowman online or call 877-7NO-JAIL.

Valencia, Ippolito & Bowman
991 W. Hedding, Suite 202
San Jose, CA 95126
Phone: 408-920-9720

Posted at 18:15 PM

Topic: Criminal Law