Knowing that you have constitutional post-arrest rights and can assert them is crucial if you are arrested. That way, you can ensure law enforcers uphold these rights, increasing the chances of obtaining a favorable case outcome and justice. This blog focuses on the different rights you have after an arrest in California.
Right to Know the Criminal Charges Against You
Law enforcers should notify you immediately of the criminal charges against you. The 6th Amendment and the California Constitution require law enforcers to tell you of the accusations in the form of a formal complaint or an arrest warrant. This allows you to defend yourself and receive a fair trial.
Rights Against Illegal Search and Seizure
The 4th Amendment safeguards individuals from unreasonable searches and seizures, and any evidence obtained through an illegal search cannot be used in court. A valid search warrant based on probable cause must support most searches on private property. However, police do not require a warrant in certain circumstances, including hot pursuit of a fleeing felon, imminent destruction of evidence, emergencies, consent to search, and when evidence is in plain view. If law enforcement acquires proof through an illegal search, your defense lawyer can bring a motion to suppress under PC 1538.5, which can significantly weaken the prosecutor's case.
Right to Make a Call After Your Arrest
California Penal Code 851.5 states that immediately upon booking (within three hours of arrest, except when physically impossible), you have the right to make three phone calls. Calls within the local calling zone are free. The right helps you contact an attorney or notify loved ones. If you call your attorney, the conversation must be private — police cannot listen, record, or use anything you say to your lawyer in court. Assume the police are recording any call to someone other than your attorney, so stick to basic facts.
Miranda Warnings
Miranda rights are anchored in the 5th Amendment and inform you that you can remain silent, that anything you say may be used against you, that you have the right to an attorney, and that one will be appointed if you cannot afford one. These rights apply when police take you into custody for interrogation. To exercise them, you must make a clear statement such as 'I opt to stay silent' or 'I seek to speak to an attorney' — simply staying silent is inadequate. If police violate your Miranda rights, your attorney can move to suppress the statements, though a violation is not always grounds for case dismissal.
Right to Due Process and a Fair Trial
Due process, addressed in the 5th and 14th Amendments, ensures the equal and fair delivery of justice through both procedural protections (notification of charges, fair hearings, right to a lawyer) and substantive protections. In criminal proceedings, the prosecution must prove guilt beyond a reasonable doubt — the highest threshold of proof. California's legal system also guarantees a fair trial, including the right to confront witnesses, the right to a jury trial, and the right to present evidence supporting your defense.
Additional Constitutional Rights
You have the right to legal representation, and if you cannot afford a lawyer, the court will appoint a public defender. You also have the right to a speedy trial, which helps avoid extended detention, and the right to access the evidence the prosecution intends to present so you can prepare a robust defense. Finally, the 5th Amendment protection against double jeopardy ensures you cannot be prosecuted twice for the same offense, a protection that applies in both federal and state courts.
Find an Aggressive and Knowledgeable Defense Attorney Near Me
Facing criminal charges can be overwhelming, and the repercussions can be life-changing. Whether your charges are severe or minor, you have post-arrest rights tailored to protect you, and understanding them can help you obtain justice throughout the criminal process. At King Stahlman® Bail Bonds, we believe that knowing your rights after arrest in California is your initial line of defense. Please call us at 619-232-7127 to learn how we can help you.