Once you’ve been arrested, the law enforcement officer must read you your Miranda Rights. Which are:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

The Fifth Ammendment gives you the right to remain silent and not incriminate yourself during all stages of a criminal investigation or prosecution.

Be Respectful:

When you’ve been arrested it’s understandable if you’re angry, yet it’s important to recognize that aggressive and disrespectful actions to law enforcement personnel during and after an arrest can potentially lead to more criminal charges levied against you. Inappropriate behavior will only have a negative impact on the police report, which could influence how you’re treated when incarcerated and how the judge views you during legal proceedings.

Remain Quiet:

Being quiet is one of the most important things you can do during and after an arrest. Keep in mind that what you say is recorded and may be used against you in court, so your best strategy is always to — stay calm, say nothing, and then contact a criminal defense attorney once you’ve been transported to a jail or police station. An attorney will the review the charges against you and explain what happens next as well as your legal options.  Once you hire an attorney they will speak to the police on your behalf.  And if you hire the Dbouk Law Office team, we will take over every facet of your defense and ensure that the necessary steps are taken to obtain your best legal outcome possible.

Only Speak with Your Attorney:

It’s important to only speak about the alleged crime to your attorney to avoid inadvertantly saying something that law enforcement officers or prosecutors could use in their case against you.  Criminal proceedings can be rather confusing.  Once you’ve hired an attorney they will advise you.  If bail is an option for your charge, your attorney can assist you in choosing a reputable bail bondsman. And if the defendant is required to stay in jail until arraignment, your attorney will explain the legal proceedings to come, and what the courts require of criminal defendants.

It’s important to protect your legal rights.   Contact us online or call us at 1-916-718-7223 to get in touch with our experienced criminal defense legal team and schedule your free consultation!

All California Superior Courts have Free Legal Self-Help programs. Self-Help staff can:

• Tell you about your case
• Help you with the forms you need
• Explain your legal options

Note: They can tell you how to do things but can’t tell you what you should do. They also cannot go to court for you.

Before your first meeting with a lawyer it’s important to jot down the key points in your case to share with them.

• Bring the names, addresses, and telephone numbers of everyone connected with the case.
• Bring all papers related to the case, including any legal documents and court orders that have been provided to you.

In addition, you will want to write down any questions for the attorney that you have.

• Think about what you want from your case. What are your goals and priorities?
• Ask about any similar cases that the lawyer has handled.
• Find out if the lawyer will handle your case personally. If the lawyer intends to have another member of the law firm handle any part of the case, you might want to talk to the second lawyer as well.

Be wary of any lawyer who guarantees results. Most lawsuits and other legal work are not “sure things.” However, a lawyer should be able to point out the strengths and weaknesses of your case.  Find out how long the lawyer expects your case to take, what steps will be involved, and what you should expect about fees and billing. If you don’t understand something, ask for a simpler explanation.

After your first meeting, ask yourself a few questions:

• Will you be comfortable working closely with the lawyer?
• Do you think the lawyer has the experience and skill to handle your case?
• Do you understand the lawyer’s explanation of what your case involves?
• Does the fee seem reasonable?

If your answer to one or more of these questions is “no,” you probably should talk to another lawyer. If all of your answers are “yes,” you may have found the right lawyer for you.

Please let us know if we can answer any questions for you.  You can learn more on our Free Consultations page.

Criminal cases are separated into three main categories: Felony, Misdemeanors, and Infractions.

All criminal cases in Sacramento are processed and heard at:

Gordon D. Schaber Sacramento County Courthouse

720 9^th Street Sacramento, CA 95814
916-874-5522
View Website

Lorenzo Patiño Hall of Justice

651 I Street
Sacramento, CA 95814
916-874-6936
View Website

Each Superior Court website includes varied online services, an information center, departments information, general information, and a contact page.

Guide to Court:

For useful information on how to best prepare yourself for court visit courts.ca.gov’s Going to Court page.  The page includes information on what’s needed before your court date, preparing your evidence, and guidelines to follow during court proceedings.

Bail and bond are two different concepts in the legal system. Bail refers to the temporary release of a defendant from custody, typically granted in exchange for a sum of money or property that is held as collateral to ensure their appearance in court. Bail can be granted by the court or a bail bondsman. A bond, on the other hand, is a financial guarantee provided by a third party (such as a bail bond company) to ensure the defendant appears in court. The bond is typically obtained by paying a fee (usually a percentage of the bail amount) and may require collateral. If the defendant fails to appear in court, the bond may be forfeited. In summary, bail is the amount of money or property paid to the court for temporary release, while bond is a financial guarantee provided by a third party.

Advantages of Bail and Bonds:

• Release from custody: The primary advantage of bail and bonds is that they allow defendants to be released from jail while they await trial.
• Reduced financial burden: For those who cannot afford to pay bail outright, a bond allows them to only pay a fraction of the full cost of bail, which can be a significant financial relief.
• Ability to plan a defense: With release on bail or bond, defendants are able to consult with lawyers, gather evidence, and plan their defense strategy, all of which can improve their chances of successfully fighting the charges.
• Maintaining employment: By continuing to work while awaiting trial, defendants can maintain their income and avoid any negative consequences to their employment.

Disadvantages of Bail and Bonds:

• Financial hardship: While bonds can reduce the financial burden of bail, they still require a significant amount of money. For those who cannot afford either bail or bond, they may remain in jail until their trial, which can have negative consequences in terms of employment, family life, and mental health.
• Risk of flight: If a defendant is released on bail or bond and does not show up for their court appearance, the money put up for bail/bond can be forfeited. Defendants who are deemed a flight risk may not be granted either bail or bond.
• Collateral requirements: Bail and bonds can require collateral, such as a home or car, which can put defendants’ assets at risk if they are unable to meet the requirements of their bail/bond agreement.
• Loss of personal freedom: While release from jail allows defendants to continue their normal lives, they may be subject to restrictions on their movements and activities while awaiting trial. This can include GPS monitoring, drug testing, and other conditions that can limit their personal freedom.

It’s important that the attorney you hire is working to protect your rights and had advise you properly.  If you’re not happy with your attorney there are options available.

Communicate with your attorney:

If you have concerns or issues with your attorney, the first course of action is to discuss them directly and openly with your attorney. There may be a simple misunderstanding that can be resolved through clear communication.  The State Bar of California has two pages that address this problem.

• Working with an attorney
• Resolving problems with your attorney

If the issue you’re having is related to the legal fees, the State Bar includes resources that address that problem.

• Resolving fee disputes with your attorney
• Fee-Dispute FAQ

Contact the State Bar:

If you are unable to resolve the problem through communication with your attorney, you may contact The State Bar of California to file a complaint.

• How to File a Complaint against an Attorney
• Complaints & Claims

Seek a second opinion:

If you are still uncertain about whether your attorney is providing adequate legal representation, you can consider seeking a second opinion from another criminal defense attorney.  If you have exhausted all other options and still feel that your current attorney is not effectively representing your interests, you have the option to seek out a new attorney.

The Prison Law Office provides free legal services to California state prisoners and occasionally to California state parolees. They represent individual prisoners, engage in class action and other impact-litigation, and educate the public about prison conditions. They also provide self-help and informational materials to prisoners, including a habeas corpus manual, parolee rights manual and personal injury lawsuit packet, as well as material regarding administrative remedies, divorce, guard brutality, immigration, loss of personal property, plea bargains, release dates, workers’ compensation and work-time credits.

About Prop 47:

Individuals who are currently incarcerated for offenses committed in the state of California that are impacted by Proposition 47 can seek to be resentenced and released (this is known as resentencing). Individuals who have been previously convicted of these felonies for crimes committed in the state of California can apply to have them changed on their record to misdemeanors (this is known as reclassification). Removal of a felony record can reduce immigration consequences and help remove barriers to jobs, housing and stability.

• About Prop 47
• Information about the resentencing process
• Information about the reclassification process

Prisons and prisoners:

Learn how to locate prisoners and get prison records. Find out how to send money or visit someone in prison. And learn the process for filing a complaint about a prison.

• https://www.usa.gov/prisons-prisoners