Zarabi Law is a client-focused and results-driven law firm serving California. Attorney Elliot Zarabi has extensive experience with constitutional law and the justice system, and he leads his team with a passion for protecting the legal rights of Americans.
No. Police can arrest someone and take them to the station without reading them their Miranda rights. However, if police intend to interrogate the suspect while in custody, they must read them their Miranda rights before interrogation.
No. The U.S. Constitution mandates that individuals who are arrested do not have to speak with police, except for providing basic information. You have the choice of whether or not to speak with police, but it is generally recommended that you speak with an attorney first.
Arraignment is the formal proceeding where someone is charged with a crime. The court announces the charges and gives the defendant the opportunity to enter a plea. Prosecutors can request the court to detain the defendant or place restrictions on their release.
A misdemeanor is considered a less severe offense. Examples of misdemeanors include traffic violations, DUI, theft and possession of controlled substances. In contrast, felonies are more serious offenses. Examples of felonies include murder, arson, burglary, larceny, and aggravated assault or battery.
Generally speaking, a police officer cannot arrest someone for a misdemeanor without witnessing the crime. Witnessing the crime, however, may include the crime occurring in their presence, being witnessed through surveillance, or being observed by other officers. If an officer did not witness the crime, he or she must file an affidavit and ask a judge to issue a probable cause warrant.
An acquittal is part of a trial when the jury or judge determines that the prosecution has failed to prove guilt beyond a reasonable doubt. An acquittal can also happen if the judge decides there is insufficient evidence. A verdict of “not guilty” happens when the jury hears all the evidence and testimony and finds the defendant not guilty.
Contact a criminal defense attorney as soon as possible. Your attorney can speak with the prosecution about the situation and call attention to facts that may be inaccurate or misunderstood. Your attorney will also make sure that your legal rights are upheld throughout the process of clearing your name.
If you are not officially charged with a crime, the arrest may not appear on your record at all. If an arrest does appear on your record even though you were not charged, you can file a petition to have it removed. If you want a conviction removed from your record, you will need to apply for an expungement.
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