If you are arrested…
BEWARE OF GUN SALE STINGS, INFORMANT, AND INADVERTENT GUN POSSESSION OFFENSES!
1. Assert Your Right to Remain Silent.
Give your name and address only. Anything you say will be used against you, even if you are not read your rights first. Do not answer questions, give your name and address only. Repeatedly say, “I want to remain silent and call my lawyer.” Do not discuss your case with police, friends, family, cellmates, or anyone but your lawyer. Identify yourself but do not discuss your case with law enforcement, inmates or anyone but your lawyer. Beware: Police car and jail phone conversations are recorded and many in jail are informants.
2. Do Not Consent to Give Up Your Rights.
A right voluntarily given up is a right lost. Do not be tricked, threatened, or persuaded into giving up your rights. You do not have to consent to a search without a warrant. Do not “consent” to a search without a search warrant. If asked for consent to search, politely and repeatedly refuse, and note nearby witnesses. If you refuse to let police into your home or to conduct a search, only refuse verbally. Tell them you are refusing on advice from your lawyer. Do not sign any statements without an attorney’s advice.
3. Ask For A Lawyer.
You have a right to have an attorney present during any questioning. If arrested, you may be handcuffed, searched, photographed and fingerprinted. Do not physically resist a search or arrest. You have a right to have an attorney present during any questioning. Once you say you want to remain silent and ask for a lawyer, questioning should stop. If they keep asking questions, keep silent and keep asking for your lawyer! Call and get your lawyer involved asap! By asking for your attorney, you should not be interrogated. If they keep asking questions, keep asking for your lawyer!
Arrested or Not, Call Your Lawyer Immediately!
CALIFORNIA PENAL CODE SECTION 851.5(A) says:
“Immediately upon being booked, and except where physically impossible, no later than three hours after arrest, an arrested person has the right to make at least three completed telephone calls. . . at no expense if the calls are completed to telephone numbers within the local calling area.”