Ahmed & Sukaram, Attorneys at Law

What are my rights when arrested?

It is important to understand your rights when you get arrested in California. Knowing what you must do and what you do not have to do can help avoid issues with law enforcement and keep the situation from turning into something more severe. If you do not comply and resist, you could end up with additional, which is something you do not want.

The ACLU explains that above all else, you always have the right to not speak during interactions with law enforcement. This is a fundamental right. However, if asked, you should give an officer your name and birthdate. Beyond that, though, you do not have to say anything. Even though, you should ask for a lawyer as soon as you can. You can also tell officers that you do not consent to a search. This will not usually stop a search, but you can express this in a calm manner.

You do not have a right to get mouthy or fight back when being arrested. You will end up with additional charges. You should comply with the officer’s requests. If an officer asks for your driver’s license and registration, you need to provide that to him or her. You should also follow instructions to get out of your vehicle and allow an officer to put you in his or her vehicle. If you get a ticket, always sign it. If you refuse, the officer can arrest you. You can always fight the ticket in court.

Once you go to jail, you have the right to phone calls. At minimum, you get three calls within three hours after your arrest. If you have minor children, you get two additional calls. This information is for education and is not legal advice.