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 5th
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.
