Areas of Practice
Los Angeles Criminal Defense - Police Questioning and Detention
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Q: Under what circumstances can I be detained by a police officer?
A: A detention is a legal term that is something less than an arrest. A police officer can detain you to conduct an investigation to see whether further criminal activity is afoot.
Q: How long can I be detained without being arrested?
A: A police officer has the right to detain you long enough to see whether probably cause exists to arrest you.
Q: Do I have to identify myself to the police?
A: The legal answer is no. The truth of the matter is on the street if you don’t identify yourself to a police officer who asks
Q: What are “Miranda Rights”?
A: “Miranda” was a case that was decided by the Supreme Court of the United States which provides…it’s a two tiered test. When somebody is in custody and being interrogated, both of those things have to be in play. It has to be interrogation and custody and then the Miranda Rights apply.
Q: Do I really have the “right to remain silent”?
A: Do you really have the right to remain silent? Yes, you do. Absolutely. You have the right to not say anything. That is a 5th Amendment Right which is very different from your Miranda Rights. You always have the right to remain silent and my advice to you is that when the police try to question you about anything just say no. Don’t assume you can talk your way out of it.
Q: Can anything I say be used against me in court?
A: Absolutely anything that you say can be used against you in court. Many times the police will ask what you consider a non-harmful question like “Were you home on Thursday?” which puts you in the city. If they have an admission and you say “Yes”, it puts you in the city. “Where do you live?” “I live on Main Street in Santa Monica”. They put you in the county. Otherwise, if they were charging you with a crime they may have to prove that you were even in the State.
Q: What are my “rights to an attorney”?
A: Your rights to an attorney are when you have been arrested and charged with a crime that subjects you to possible incarceration. You are entitled to an attorney whether you can afford one or not. You can either hire a private attorney if you can afford one, or the state with provide you with a public defender at no cost to you. This is from the landmark Supreme Court case Gideon v Wainwright that determined even an indigent or poor defendant is entitled to representation whether they can afford one [an attorney] or not.
Q: What if I can’t afford an attorney?
A: If you can’t afford an attorney one will be appointed to you free of charge by the court. A public defender will be appointed. It is one of the great legal myths that public defenders are not good attorneys. They are good attorneys, as a matter of fact some of the best attorneys are public defenders. They are what we in the trade call “true believers”. They really believe in what they are doing and they do it not for the money. The difficulty is that sometimes they are very, very over-worked. They have a lot more cases than a private lawyer has.
Q: Can I be arrested for refusing to respond to a police officer?
A: The legal answer is no. The better legal answer is it depends. It depends on the circumstance. Why is the police officer hailing you? If it’s because they believe you have committed a crime then you can be arrested. If not, then technically you can’t. However, as we all know in the real world if you don’t respond to a police officer who is telling you to “stop” or “come here” in all likelihood you’re going to end up in the bracelets.