What are my rights and how do I protect them?

What happens after an arrest

Don’t consent to questioning without a lawyer by your side.

Officers are allowed to stop someone on the street or knock on your door and ask questions, but people are also free to refuse to answer questions. If a police officer stops or detains a person, or starts searching them without a reasonable cause they have broken the law of unreasonable searches. To be detained without cause can give rise to a case of false arrest.  Even if you are innocent, if you think you might be suspected of a crime. Cooperate - but don’t answer questions other than questions about your identity. 

When you are arrested, you will most likely be handcuffed, and transported in a police car to the station. (However, in some cases (if the crime is a misdemeanor or minor infraction), you will be allowed to leave the scene after an arrest. You will receive a summons to appear in court, where you will plead guilty or not guilty.  If you are taken into custody then you will be processed (booked) and either released on bail or detained until the next available date for an arraignment in court.   

The difference between “custody” and “arrest.” 

You can be in police custody without actually being arrested.  For instance, if you are being taken in for questioning you would normally not be restrained.

Custody means being deprived of the freedom to get up and leave on your own. (If you are suspected of a serious crime, you could be kept in custody even without being arrested for a limited number of hours.)  Arrests usually involve physical restraint, booking, being handcuffed or restrained, being placed into a locked police car or cell.     

Before an officer or detective asks anyone in custody questions about a crime he/she must read you your Miranda Rights.  But even in a situation where don't think you are in custody (at home, at your office, etc.) be aware that if you are being questioned personally about a crime or legal situation, you might be in danger of being arrested. Consequently, you should immediately state that you want to speak to an attorney.  

Don’t consent to questioning without a lawyer by your side.

With your freedom and future in jeopardy, you will be worried and upset, so officers or investigators might try a friendly approach, asking for your help, or cooperation.  Do not engage.  Remain silent. (You make keep asking for an attorney.)  You don't want to risk incriminating yourself, or saying something in error, in self-defense, that might not be quite true, which could result in even more charges against you. It's important to put some time between the event and answering any questions. When your freedom and future are in jeopardy, you need the assistance of an experienced, skilled,  criminal defense attorney.

Always speak to an attorney

Even in what appears to be a minor matter, before speaking with police or investigators or making any other legal decisions - always speak to an attorney.  

And while you are waiting for your attorney to come to your assistance, try to remain as calm as possible. Remember that just because you have been arrested does not mean you will be convicted.  Under our system of justice, you are innocent until proven guilty.  The prosecutor will have to prove the case against you – beyond a reasonable doubt.   

If you have an experienced criminal lawyer such as Attorney Michael S. Rusconi on your side, you will have an edge.  We knows how to evaluate evidence. Because of our experience as a prosecutor, we know how the prosecution will likely build their case against you. We also knows what defenses are effective and what strategies are available to counteract the forces trying to convict you.  Working for you, listening to your story and honoring your wishes,  Attorney Rusconi will make every effort to balance the scales of justice, as he puts together the best possible defense of your case.  Whether you are faced with a misdemeanor charge or a serious felony, with Attorney Rusconi by your side, you will have a skilled defense attorney who will fight for you.

Call Attorney Rusconi for help, or if not urgent, contact us below.