Dan Montalvo, Attorney At Law

The single most important piece of advice is not to say anything to the police. You've seen and heard it on every on every television show or movie you can think of. The good old Miranda Warnings. You have the right to remain silent.                     

Anything you say can and will be used against you in a court of law... These rights were given to you for a reason. If you are arrested, tell the police you want to speak to an attorney and do not want to talk with them about anything. Do not believe their promises of going easier on you if you cooperate. What you must understand is that if the police had enough evidence against you for a conviction, there would be no point in talking to you. Most criminals get caught and then convicted because someone has ratted them out. Don't make the mistake of giving the police the evidence they need to convict you.

The police are required to charge you with an offense if they are going to hold you. You have no obligation to submit to questioning by the police. Sometimes, if you are picked up at the crime scene, you will be questioned on the spot. Other times, you will be brought in for questioning. While you do not have the right to interfere with their investigation, you cannot be required to cooperate against your will or give them any information that might incriminate you. You must understand that a common tactic of the police when they do not have enough evidence to charge you with a crime is to gather the information they need from you to help make their case. The bottom line is if you are questioned by the police, do not tell them anything, other than to remind them that they either have to charge you with an offense or let you go. If they let you go, enjoy the rest of your day. You may of course want to speak to an attorney in case they find evidence to strengthen their case against you. If you have been charged with committing a crime, then you demand to speak to an attorney and tell the police you do not want to talk to them about anything.

If you are formally arrested, you will be permitted to use the phone. The first phone call you should make is to a family member or close friend that can make bail arrangements and contact an attorney on your behalf. If the alleged crime is not serious, bail can be arranged at relatively low cost.

For more serious crimes, your family member will have to contact a bail bondsman and pledge collateral for the bail bond. Make sure to find out from the bondsman whether any monies given are non-refundable. It is important that you get to go in front of a judge as soon as possible so that the issues regarding bail and release can be brought to the attention of the Judge. Never waive any of these rights. If you have not secured a private attorney, upon a showing of indigence, a public defender will be appointed to argue the issue of the amount of bail on your behalf. Do not represent yourself. If for some reason you cannot make bail, remember that the time you serve in jail will most likely be counted towards any prison sentence that is rendered by the court. Let up hope you never have the opportunity to apply any of this advice.