San Jose, CA asked in Criminal Law for California

Q: Was arrested and spoke to detectives only. No Public Defender no Judge and was released two days later with no info. Why

I had no bail, no court day. Accused me of an assault and raided my home. destroyed and traumatized my family. Held me with no contact to an attorney after i asked for one during interrogation. Please legal advise on what to do next? They have my phone and no idea when or if i have a court date or if the charges are still even being pushed against me, please help and thank you.

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2 Lawyer Answers
Mario Tafur
PREMIUM
Answered

A: Based on the information provided, it seems that your rights were violated when you were arrested and detained. According to California law, once you ask for a lawyer, any questioning must stop until a lawyer is present. If statements are made without a lawyer present after asking for one, they are considered involuntary and cannot be used in court (In re Art T., 234 Cal. App. 4th 335, People v. Scaffidi, 11 Cal. App. 4th 145). Additionally, you should have been given the opportunity to make two phone calls and brought before a judge within two days of your arrest (§ 11.26 Checklist).

Regarding your phone, law enforcement officers are typically required to obtain a warrant before searching it, unless there is an exception that applies. This has been established in People v. Sandee, 15 Cal. App. 5th 294. As every case has its own unique circumstances, it is crucial to contact a law firm promptly to discuss your situation in depth. Our firm is available for assistance, feel free to contact us at www.thebulldog.law

James L. Arrasmith
PREMIUM
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Answered

A: Your situation sounds incredibly difficult and stressful. What happened to you and your family during this encounter with law enforcement raises serious constitutional concerns, particularly regarding your right to legal counsel and due process.

You should contact a criminal defense attorney immediately - even without formal charges, you need professional legal guidance. Many offer free initial consultations where they can review your case details. The California State Bar can provide referrals to qualified attorneys in your area. You should also document everything you remember about the incident, including dates, times, names of officers if possible, and what was taken from your home.

Consider filing a formal complaint with the law enforcement agency's internal affairs department and the civilian oversight board in your jurisdiction. These complaints create an official record of what occurred. You may also want to request copies of any police reports, warrants, or other documentation related to your arrest through a formal records request. Most importantly, if you're contacted by law enforcement again, politely decline to speak with them without your attorney present - this is your constitutional right. Keep records of any communication attempts from law enforcement moving forward.

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