David Serna Shares Tips On What To Do If You Get Arrested

David Serna believes it is vital that you know what will get you in trouble and get you arrested first before they learn the next essential things to do. Law enforcement officers may charge you:

●     if they are 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

 

David Serna believes that one of the essential things individuals need to remember is that they should not speak to law enforcement officers without talking to their attorney first. If the individual does not have a defense attorney, they have the right to immediately ask for a legal counsel.

 

Under the 5^th Amendment of the U.S. Constitution, even if the police threatens 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. After getting arrested, 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.

 

After a lawful arrest, police officers usually have the right to conduct a limited warrantless police search of your person and property. This process, known as search incident to arrest, ensures the officers’ safety, and determines whether you have any contraband material. 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.

 

If you need any legal assistance, David Serna is available for consultations during the COVID-19 pandemic. You can reach him via email, telephone, video conferencing, and in-person visits under strict disinfecting protocol and masks requirements.

David Serna: Everything You Need To Know About Miranda Rights

 

“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?”

 

As all of us see on television shows or movies, whenever officers arrest someone, they immediately recite the suspect's Miranda rights. Unlike what many believe, David Serna reminds us that if a police offer does not read your rights and obtained evidence from you may be inadmissible as evidence in court.

 

What are Miranda rights?

More accurately known as Miranda warning, Miranda rights were made as a part of the common vernacular after the U.S. Supreme Court of Miranda vs. Arizona. In this case, the Supreme Court decided that all suspects must be immediately advised of their rights. David Serna believes that this is crucial for suspected individuals since every action or word they say may significantly affect their legal proceedings. David Serna also reminds individuals that the location of interrogation does not matter. Whether it occurred in jail, the streets, at the scene of the crime, or even in a car, the police must read the Miranda rights to the person if they want to use the person's responses as evidence. However, if the person is not in police custody as he or she makes admissions, then the information can be used against the person later on legal proceedings.

 

It is vital to note that officers recite the individual's Miranda rights if there is an intention to interrogate the suspected individual under custody. However, the police can still arrest the suspect without the Miranda warning. David Serna believes that whatever may happen, suspected individuals must invoke their Miranda rights. Before or during the interrogation, tell the police that you would want to stay silent until your attorney arrives. If you need any legal assistance, David Serna is available for consultations during COVID. Either by email, telephone, video conferencing, and in-person visits under strict disinfecting protocol and masks requirements.

David Serna on the Past and Present of Serna Law Offices

David Serna takes pride in the founding and continued ascent of Serna Law Offices, of which he had founded and is currently the sole practitioner. With his two Board Certifications as a Criminal Defense Specialist, Serna was driven to maintain a hand-crafted approach to criminal defense, with great focus on his clients and their needs. His work is always bespoke, with careful attention to the unique aspects of each case and each client. This reason is predominantly his cause for opening the solo practice.

Super Lawyers and Charles Driscoll Memorial
In 2007, his work had received so much acclaim, and Super Lawyers had selected him as a Super Lawyer in the field of Criminal Defense, DWI Defense, and White-Collar Defense. Since then, David Serna had been named a Super Lawyer for every year since. It was in 2013 when he received the distinction of being awarded the Charles Driscoll Memorial Award, which is given to the lawyer who has presented the most exemplary and commitment to the protection of life, liberty, and constitutional rights in the State.

Awards in the Last Decade
The National Association of Distinguished Counsel had an extensively selective process of awarding the top one percent of attorneys within the US with an induction into their association in 2015. And among that one percent of the top lawyers in the country, he was inducted into the group. Furthermore, the very next year, David Serna also received the Martindale-Hubbell Client Distinction Award. This award underscored Serna’s excellence in the quality of service that he presents to clients, the overall value of his provided services, and how he responded and communicated to them and the court of law.

David Serna began his practice in 1977, with the commitment to the service of his fellow man. Through Serna Law Offices, he is dedicated to providing his clients with the best possible service and will do so for years to come.

The Basics of an Arrest Warrant

Since most of us have never been charged with an offense or a crime, the majority does not know how a criminal case begins and what a warrant of arrest must contain. Today, David Serna explains how a criminal case begins.

It starts with probable cause to arrest an individual. Probable cause is not the same as personal knowledge. There are many instances when crimes take place without the actual knowledge of the police. It is unlikely that a police officer or law enforcer witnesses every crime. Many crimes are based on reports made by other individuals who personally saw the crime or offense.

Before a judge can sign and issue a warrant of arrest, the police officer must first establish probable cause in his affidavit, which must be sworn under oath. An affidavit is sufficient when it contains facts and circumstances that lead the police officer to believe that a crime was committed, and the person being charged committed the same.

Broad charges or those that identify the crime but not the criminal fail to satisfy the requirement on probable cause. These reports would most likely fail to persuade the judge or magistrate to issue a warrant, says David Serna.

A warrant of arrest gives a police officer the authority to arrest an individual or a group of individuals specifically named in the warrant—unless it’s a john doe warrant, one that is issued when the true name of the person to be arrested is unknown or cannot be identified.

The acts constituting the crime committed must be specified in the warrant. Warrants must also state the amount of bail to be posted by the defendant to keep him from losing his freedom. Some warrants contain restrictions on the time and manner of arrest to be made.

Learn more from David Serna today! Click his page for more information on criminal procedure.