Blog
What Should You Do if You Are Arrested for a Crime in Sacramento?
Contents
What Should You Do if You Are Arrested for a Crime in Sacramento?
Getting arrested can be a scary, overwhelming experience. But it’s important to stay calm and know your rights. Here’s a helpful guide on what to expect if you are arrested in Sacramento, and what steps to take.
Before the Arrest
First off, try to avoid getting arrested in the first place! Be aware of local laws and ordinances, like noise violations, public intoxication, trespassing, etc. If police want to stop or question you, remain polite and cooperative, even if you believe you’ve done nothing wrong. Getting defensive or confrontational will only escalate the situation.If you are arrested, do not resist, argue, or obstruct the arrest, even if you believe it is unjustified. This can lead to additional charges. Just remain silent and compliant.
During the Arrest
When being arrested, the police will likely handcuff you and search your body and possessions. Do not physically resist. If improper conduct occurs, document the officer’s badge number and report it to your lawyer later.You have the right to remain silent – use it! Say these exact words: “I invoke my right to remain silent. I want a lawyer.” Then say nothing else until your lawyer is present. Anything you say can be used against you, even if it seems harmless.Police may try to get you to consent to a search of your home, car, phone, etc. Politely refuse and say you do not consent to any searches. Make sure you verbally invoke your 4th Amendment rights.
At the Police Station
After arrest, you’ll be transported to jail and “booked” – photographed, fingerprinted, etc. You’ll have to turn over your possessions. The police may question you further; invoke your right to silence and ask for a lawyer again if so.Within a reasonable time period (usually 48 hours) you must be brought before a judge for an arraignment. This is where you’ll be formally charged and can enter a plea. Request a public defender if you can’t afford a lawyer.
Getting Out of Jail
After booking, the judge will decide whether to release you or have you remain in jail pending trial. Factors include flight risk, danger to the community, and severity of the alleged crime.You can be released on your “own recognizance” (no bail required), released on bail money as collateral, or held without bail. Have family ready to post bail if needed.
Working with Your Lawyer
A criminal lawyer is essential for defending your rights. Be honest with them so they can build the best case. Share any evidence or documentation you have.Listen to their advice about plea deals carefully. Don’t take any plea deals without their approval. Understand the risks of going to trial vs. taking a plea bargain.
Common Defenses
Your lawyer may argue you acted in self-defense, under duress, or out of necessity. They may claim improper police conduct led to your arrest. Or they may argue the law itself is unconstitutional. There are many other possible defenses as well.
Going to Trial
If no acceptable plea deal offered, your case will go to trial. Your lawyer will attempt to get charges dismissed before then. If not, they will aggressively defend you in court.You may testify in your own defense, but are not required to. Your lawyer may call other witnesses and present evidence. If convicted, you can appeal.
Dealing with Consequences
If found guilty, the judge will determine your sentence based on factors like criminal history and severity of the crime. Consequences may include fines, probation, community service, rehab program, or jail time.Felony convictions remain on your record permanently and can limit jobs, housing, voting rights, gun ownership, and more. Misdemeanors still cause issues with background checks too.
Avoiding Future Arrests
Learn from the experience. Adjust behaviors that led to arrest. Seek counseling for addiction, anger issues, or other underlying problems. Surround yourself with positive influences and avoid risky situations.Stay out of trouble going forward. Additional run-ins with the law lead to harsher consequences. Get your life on a better track and be a law-abiding citizen.
Conclusion
Being arrested can be scary and overwhelming. But knowing your rights and following these steps will help you get through it. Invoke your right to silence, comply with orders, and let your lawyer handle the rest. With their counsel, you can hopefully resolve the situation as favorably as possible. Just stay calm, and take things one step at a time.Here are some additional resources on what to do if arrested in Sacramento:
- [Sacramento County Public Defender’s Office] 1 – Overview of the arrest process and your rights.
- [Sacramento Criminal Defense Attorney] 2 – Tips on working with a lawyer after an arrest.
- [Sacramento Superior Court] 4 – Details on arraignments and court procedures.
- [Sacramento County Sheriff’s Department] 5 – Answers to frequently asked questions about arrests.
- [File a Police Report in Sacramento] 3 – Information on reporting crimes to the police.
- [Anonymous Crime Tip Line] 2 – Safely report crimes you witness.