Contacted by Police or Arrested in California: Your Rights Before You Talk

The right to remain silent and to a lawyer

The Fifth Amendment to the US Constitution and the California Constitution protect you from being forced to incriminate yourself. Before a custodial interrogation, police must tell you that you have the right to remain silent and to have a lawyer present. These are the Miranda warnings. To use the rights, say them out loud: for example, "I am going to remain silent. I want a lawyer." Then stop talking about the case.

Silence alone may not be enough; courts have required people to invoke the right clearly. If you ask for a lawyer during a custodial interrogation, questioning should stop until a lawyer is present. If officers keep asking, repeat your request calmly. You should still give your name when lawfully required, and if you are stopped while driving, show your license, registration and proof of insurance.

Searches of your car, phone or home

Police often ask for permission to search. You can say: "I do not consent to a search." Consent can make an otherwise unlawful search valid, so declining protects your options later. Do not physically resist or interfere, even if officers search anyway; a defense attorney can challenge an unlawful search in court. Do not unlock your phone or share passcodes without speaking to a lawyer first.

When a detective wants to talk

A call or card from a detective asking you to come in, or to tell your side, is an invitation to give evidence. You are usually not required to accept it. Being polite, taking the detective's name, agency and case number, and saying that your lawyer will be in touch is generally the safest response. A defense attorney can find out what the investigation is about and decide with you whether any statement makes sense.

Do not contact the alleged victim or witnesses about the case, do not delete messages or files, and do not post about it online. These steps can create new charges or evidence.

• Take the detective's name, agency, phone number and case number.
• Say you will have a lawyer contact them, and leave it there.
• Keep the voicemail or letter you received.

After an arrest

Under Penal Code section 851.5, a person who is arrested has the right to make at least three free telephone calls within three hours of the arrest, except where physically impossible, including to an attorney, a bail agent and a relative. If you cannot afford a lawyer and are charged with an offense that can lead to jail, you can ask the court to appoint the public defender at your first appearance. This website is not an emergency line: if someone is in custody right now, contact a criminal defense attorney or the public defender directly.