Understanding your rights while in police custody in Orange County can help you protect yourself and your freedom. For assistance after an arrest in California, the Southern California criminal defense attorney at the Law Offices of William W. Bruzzo can help.

Your Rights If You Are Arrested or Taken to a Police Station in Orange County

Encounters with law enforcement can be stressful, and law enforcement officers do not always act ethically, fairly, or legally when arresting citizens. Police officers must read your Miranda rights when placing you in police custody. Failure to do so could result in incriminating statements you may make being dismissed as evidence against you in court.

If you are arrested or if a police officer takes you to the police station, you should tell the officer your name and basic identifying information, but you have a constitutional right to remain silent. You should say to the police officer arresting you, “I want to remain silent,” and “I want to talk to a lawyer.” Law enforcement should stop questioning you after you tell them that. Do not try to give excuses, explanations, or justifications or make decisions in your case before you speak to an attorney.

Additionally, you are entitled to three phone calls within three hours of being arrested or immediately after being booked. You can call a bail bond agent, relative, lawyer, or any other person. If you have children under 18, you are entitled to two additional calls to arrange childcare. You should assume that law enforcement officers are recording your calls except for your call with your attorney.

Do I Have a Right to Record Encounters with Law Enforcement in California?

If you are in public, consider recording your interaction with the policeman when it’s safe. You have the right to record police officers in various public spaces. For example, you may record on sidewalks, streets, and parks. 

If there is any abuse when you are arrested, it’s crucial that you discuss your case with an attorney as soon as possible. Police officers cannot engage in police brutality when arresting citizens. If this happens to you, you may have a right to bring a civil claim against the police officer.

Arrested in Orange County? You Need an Aggressive Defense Attorney on Your Side

Attorney William W. Bruzzo is prepared to fight for your rights if you are facing criminal charges in Orange County, California. He has a proven track record of defending clients accused of crimes, including domestic violence, drunk driving, hit and run, theft, and all other misdemeanors and felonies. He will use his decades of experience and aggressive negotiating skills to pursue the best outcome possible in your case. 

Contact Bruzzo Law today to schedule a complimentary, no-obligation case evaluation and learn more about how the Orange County, CA, criminal defense attorney William W. Bruzzo can fight for you.

Jury Selection

If you enter a “not guilty” plea at your arraignment, your case will proceed to a jury trial. Your case will proceed to a jury trial if you are unwilling to accept a plea bargain. During jury selection, your defense attorney and prosecutor will ask jury questions. They can ask the court to dismiss specific jury candidates for cause or use a preemptory challenge. 

Opening Statements

After the jury has been selected, the prosecution will make their opening statement setting forth the evidence they have against you. Your defense attorney can choose to make an opening statement as well.

Evidence

After opening statements, the prosecution will begin its case in chief by providing evidence through witness testimony, different tangible objects or supporting documents, relevant photos, videos, and other exhibits. In addition to calling witnesses to give facts based on their personal observations of the case, the prosecutor and defense can introduce expert opinion testimony during the trial. They can also call experts to provide evidence based on their specialized knowledge. Additionally, attorneys can cross-examine the other side’s witnesses to undermine their credibility and reliability.

Closing Arguments

After the prosecution and defense have submitted all of the evidence, attorneys can engage in their closing arguments. They will summarize the evidence in a way that is favorable to their side. The prosecution gives a closing argument first, and then the defense gives its closing argument. Generally, the prosecution can give a shorter rebuttal.

Jury Deliberations

After closing statements, the judge will provide jury instructions, and the jury will begin deliberating. The jury usually selects a foreperson to guide the jury in deliberations. They can discuss the case until they unanimously reach a guilty or not guilty verdict. The jury must decide whether the prosecutor proved each element of the charged crime beyond a reasonable doubt. The burden of proof rests with the prosecutor, not the defendant.

Verdict and Sentencing, If Necessary

The jury must unanimously find the defendant “not guilty” to dismiss the charges.

If the jury finds the defendant “guilty” unanimously, the defendant will proceed to sentence.

If even one juror disagrees with the rest, the jury is considered a “hung jury,” and the defendant retains the presumption of innocence.

After a conviction, the defendant will have a sentencing hearing to discuss aggravating and mitigating factors. Ultimately, the judge will decide the exact sentence. 

Schedule a Free Case Evaluation with a Skilled Attorney

If you’ve been accused of a crime in Orange County, California, it’s crucial that you reach out to an experienced California criminal defense attorney as soon as possible. Contact Bruzzo Law today to schedule a complimentary, no-obligation case evaluation to discuss your case with a skilled attorney and learn more about your rights.