Q: What are my rights if I am arrested?

A: The constitution provides many important rights to you if you are arrested for a crime, or being investigated for a crime. They include:

Right to Remain Silent – If you are being investigated for a crime, or if you have been arrested, you should consider to invoke your right to remain silent. You have a right against self-incrimination, and the right to testify at your trial if you choose. For your protection, you should have your attorney present anytime the police want to question you.

Right to an Attorney – You have the right to an attorney if you are arrested for a misdemeanor or felony. If you cannot afford an attorney, the court must appoint one for you. You may have to pay for the services of your attorney at the end of your case, based on your ability to pay.

Right to a Trial – If you want to fight your case, and go to trial, you have the absolute right to do that. In misdemeanor and felony cases, you are entitled to a jury trial where 12 people must unanimously agree in order for you to be found guilty.

Right to Present Defense – You have the right to subpoena witness and evidence, at no cost to you, that is relevant and in support of your defense.

Q: Can the police search me without a warrant?

A: Generally, the police need a warrant to search you without your consent. There are exceptions, including:

Q: The police didn’t read me my Miranda Rights, will my case be dismissed?

A: The police need to read you your Miranda Rights if you are in their custody, and they are interrogating you. If you are arrested, and the police are not asking you questions, then they probably do not need to read you your Rights. However, if you are questioned by police after you are arrested, and your Miranda Rights are not read to you, and you incriminate yourself, your case could result in dismissal if there is no other independent evidence to support your statements.

Q: Do I need an attorney?

A: If you are the target of a police investigation, whether you have actually been arrested, or you are just being questioned, you should get an attorney to protect your rights. Police sometimes misinterpret what individuals say, and sometimes they may get you to admit something that you did not do. It is important to have an attorney so that this does not happen to you.

Q: Why should I hire the Law Offices of Jill Cremeans?

A: With the Law Offices of Jill Cremeans, you will get experience, case dedication, hard work, and attention. Your questions will be answered, and you will be kept up to date about the status of your case. Ms. Cremeans will fight for you, and she has a proven track record of success.

Q: Do you accept credit cards?

A: Yes, Visa and Mastercard debit and credit cards are accepted.

Law Offices of Jill Cremeans, 444 West C Street, Suite 310, San Diego, CA 92101 T: 619.929.0851