Am I Free to Go? Handling Your Arrest

An arrest is an undeniably traumatic experience. The simple question, am I free to go, will be answered with an affirmative “no.” Keep in mind that once the police officer starts the arrest process, he or she has probable cause to believe that you have committed a crime. If during the arrest process, you resist arrest, for example, you will receive an additional charge and that charge can stand on its own regardless of whether there is a conviction for the underlying arrest charge.

While you have a constitutional right to disrespect a police officer, if you desire to do so, we advise against it. It complicates the process. Resisting arrest can involve more than physical acts. Spitting on the police officer can support a conviction for resisting arrest, as well.

If you are arrested or taken to a police station:

  • DO tell the police your name and basic identifying information. But nothing else.
  • DO say “I want to remain silent” and “I want to talk to a lawyer.” The police should stop questioning you after that.
  • DO make sure you get your three phone calls within three hours of getting arrested or immediately after being booked. You can call a lawyer, bail bondsman, relative, or any other person. If you have children under 18, you get two additional calls to arrange childcare. Memorize phone numbers ahead of time.
  • DO know the police are recording your calls (except the call with your lawyer).

    If you are arrested or taken to a police station:
  • DON’T give police any information except for your name and basic identifying information.
  • DON’T give police a fake name or your cousin’s name. This may lead to another charge.
  • DON’T give explanations, excuses, or stories about your conduct or the subject of the police investigation. Calmly say, “I want to remain silent” and “I want to talk to a lawyer.”
  • DON’T talk about your case on the phone with anyone. The police might be recording your phone calls (except those to your lawyer).
  • DON’T make any decisions in your case without talking to a lawyer.
  • DON’T discuss your citizenship or immigration status with anyone other than your lawyer.

Have You Been Arrested for a Crime in San Diego, CA?

The San Diego criminal defense attorneys at the Boertje Law Firm can help you if you have been arrested and charged for misdemeanor or felony crime in California. Penalties if convicted include heavy fines and years of imprisonment, depending on the charges. Contact a qualified San Diego Criminal Defense Attorney who can help mitigate penalties today and explain your legal rights and responsibilities. Available 24/7, the Boertje Law Firm represents clients at any stage of the criminal case and for any crime charged — violation, misdemeanor, or felony.

We serve the following communities: San Diego County including Carlsbad, Chula Vista, Coronado, El Cajon, Encinitas, Escondido, Fallbrook, Imperial Beach, La Jolla, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Spring Valley, and Vista. The San Diego Criminal Defense Attorney David Boertje is available to talk to you. Call us toll free at (888) 476-0901 or contact us on the web to start legal representation right away.