Attorney David Serna: What To Do If You Get Arrested?

Before knowing what you need to do and avoid when you get arrested, Attorney David Serna believes it is vital that you know what will get you in trouble and get you arrested. Just like in other states, police officers may charge you:

●     if a police officer is present, and someone accuses you of committing a crime;

●     if someone accuses you of committing a crime that falls under the exception of warrantless arrests, such as battery;

●     if in pursuant of a warrant, a judge summons you to court

 

After getting arrested, Attorney David Serna believes it is best if you concentrate on protecting your rights. Explain to the law enforcement officers that you will not provide any information until you have spoken to an attorney.

 

Attorney David Serna believes that one of the most vital things you need to remember is that you do not speak to law enforcement officers without talking to your attorney. If you do not have a defense attorney, you have the right to ask to have one immediately. Under the 5th Amendment of the U.S. Constitution, even if the police threaten you or you are afraid that you may appear guilty, you should never agree to answer any of their questions or make any uncounseled statements.

 

Police officers usually have the right to conduct a limited warrantless police search of your person and property after a lawful arrest. This process, called search incident to arrest, ensures the officers’ safety, and determines whether you have any contraband material. Attorney David Serna believes that it is best to avoid physically resisting to avoid any conflict with the law enforcement officers. Make sure to pay careful attention to how the police officers conduct their search. Remain calm, physically compliant, and silent. Make sure that you do not make any statements that suggest you committed an offense.

Comments

Post a Comment

Popular posts from this blog

Attorney David Serna Talks About Clearing Criminal Records

  Attorney David Serna believes that even if someone is legally innocent, having a criminal record can bring barriers to an individual. Criminal records list people’s arrests and convictions that the criminal justice system maintains. These records will include even minor convictions from many years ago and arrests that did not result in convictions.   Having a criminal record can significantly limit an individual’s access to certain privileges in the country. These privileges may include education, employment, housing, public assistance, and civic engagement. Attorney David Serna believes that even when arrests do not result in a conviction, the socioeconomic barriers associated with criminal records can also significantly affect a child’s long-term socioeconomic well-being.   How to Clear Criminal Records? Only a judge or court can either expunge or seal certain criminal records in the United States of America. Expungement removes arrest and convictions from a...
Read more

Attorney David Serna Talks About Immunity for Testimony

Attorney David Serna believes every defendant should know that anyone with criminal charges has a Fifth Amendment privilege against self-incrimination, which means no one can force them to reveal incriminating information about themselves. It does not only cover responses that are directly incriminating but also responses that could lead to the discovery of incriminating evidence.   What is immunity? Many of you probably know that prosecutors sometimes bargain with defendants if they believe that the suspects have valuable information about other criminal activity. Attorney David Serna thinks that although it may seem rare, more people should know about immunity from prosecution, which prosecutors sometimes offer defendants in exchange for testifying against someone else.   Who grants immunity? State or federal prosecutors decide who receives immunity, which they can grant for various crimes. Attorney David Serna believes it is a helpful tool, when used correctly, ...
Read more

Attorney David Serna Explains What Probation Is

Like parole, probation is a period of supervision ordered by the court instead of serving time in prison. Attorney David Serna believes it is an offender’s privilege if the judge rehabilitates them and guides them back into society. But, they no longer have the same level of freedom as an ordinary citizen. Although probation orders release offenders back into their community, various conditions restrict their behavior to avoid imprisonment. If they violate any one of those restrictions, the court may modify or even revoke the probation. While the judges set these conditions, criminal defense attorney David Serna believes offenders should understand and remember that probation officers enforce them. They require random and scheduled check-ins to make sure that the person under probation is behaving well.   Does probation come with conditions? What are they? Although judges have discretion in setting a probation’s conditions, they should still be reasonable. It means that they ...
Read more