Fullerton Criminal Defense Attorney

Facing a police encounter or criminal accusations can be an incredibly stressful and confusing experience. Many people are unsure about what are my rights during an arrest, how extradition works, or the implications of the famous Miranda warnings. Knowing what are your rights is your strongest defense, empowering you to make informed decisions that can profoundly impact your legal outcome.

At Poseidon Defense APC, we believe every individual deserves a clear understanding of their legal protections. Here, we address some of the most frequently asked questions about police interactions and legal processes.

The iconic phrase "You have the right to remain silent..." is familiar to most, but many still wonder about its precise meaning and implications.

• What are Miranda Rights? These are a set of warnings given by police to people in police custody (meaning you are not free to leave) before they are interrogated. They include the right to remain silent, the right to an attorney, and the understanding that anything said can be used against them in court.
• What happens if police don't read you your rights? This is a common misconception. If police don't read you your rights (or cops don't read you your rights) before custodial questioning, it doesn't automatically mean your case is dismissed. However, any incriminating statements you make after being taken into custody and before being read your Miranda rights may be deemed inadmissible in court through a process called a motion to suppress. It is crucial to understand that what happens if you are not read your Miranda rights pertains to the statements you make, not necessarily the arrest itself. If you are not in custody, police are not required to read you your Miranda rights.
• What happens if the cops don't read you your rights and you make a confession? Your attorney can file a motion to suppress that confession, potentially preventing the prosecution from using it against you.

Another area of frequent confusion, particularly in California, is the concept of implied consent laws related to driving under the influence (DUI).

• What is implied consent in driving? In California, if you drive a motor vehicle, you automatically give your implied consent to chemical tests (blood or breath tests) if you are lawfully arrested for a DUI. This is a condition of holding a driver's license in the state, as stated in the Vehicle Code.
• What does implied consent mean in driving? It means that if you refuse to take a chemical test after a lawful DUI arrest, your driver's license will be automatically suspended for a year (or longer for subsequent refusals), regardless of whether you are ultimately convicted of DUI. This penalty is administrative, handled by the DMV, and is separate from any criminal penalties.
• Is blowing into a breathalyzer mandatory? While you can refuse a preliminary alcohol screening (PAS) test before arrest, once you are lawfully arrested for DUI, Vehicle Code provisions dictate that refusal of a blood or breath test will lead to automatic license suspension and potentially harsher penalties if convicted.

Extradition is the formal process by which one jurisdiction (a state or country) surrenders a person to another jurisdiction that seeks to prosecute them for a crime or to enforce a sentence.

• What does extradite mean in law? It means to deliver an accused or convicted person to another state or country for trial or punishment.
• What is extradition? It's a legal process governed by treaties (for international cases) or federal law (for interstate cases). For example, the U.S. has extradition treaties with the US with many countries, but there are also countries that do not extradite to the United States.
• What states do not extradite for felonies? Generally, all U.S. states have agreements under the Uniform Criminal Extradition Act to extradite individuals wanted for felonies. The concept of "non-extradition states for felonies" within the U.S. is largely a myth. While there might be practical challenges in certain misdemeanor cases, especially across state lines, the legal framework for felony extradition between states is robust.
• Why fight extradition? Individuals may fight extradition to challenge the validity of the warrant, assert misidentification, or delay the process to prepare a defense or secure a transfer to a jurisdiction where they might receive a more favorable outcome. What happens if you waive extradition? Waiving extradition means you agree to be transferred to the requesting jurisdiction without a formal legal challenge.

If you find yourself in a situation where you might be arrested, remember:

1. Remain Silent: Beyond identifying yourself, do not answer questions. Politely state, "I choose to remain silent and would like to speak with an attorney."
2. Do Not Resist Arrest: Even if you believe the arrest is unlawful, resisting can lead to additional charges, such as Penal Code 148 PC (resisting arrest).
3. Contact an Attorney Immediately: This is your most critical right. An experienced criminal defense attorney can intervene on your behalf, protect your interests, and guide you through the complex legal process.

Knowing what are your rights is not just abstract legal knowledge; it's a vital tool for protecting your freedom and your future. If you or a loved one needs guidance regarding an arrest, charges, or questions about extradition, contact Poseidon Defense APC today. We are here to help.