Your Essential Guide to Understanding Criminal Defense Rights in Los Angeles

The Foundation of Criminal Defense Rights

The U.S. Constitution and California state law provide critical protections to anyone accused of a crime. These rights are designed to ensure fairness, prevent abuse of power, and safeguard your freedom. Unfortunately, many people unintentionally give up their rights simply because they don’t know them.

Miranda Rights and What They Mean

If you’ve ever watched a crime show, you’ve heard the phrase: “You have the right to remain silent…” But what does it really mean? Your Miranda Rights protect you from self-incrimination during police questioning.

• You have the right to remain silent.
• Anything you say can and will be used against you in court.
• You have the right to an attorney.
• If you cannot afford one, an attorney will be provided for you.

Police are required to read you these rights before a custodial interrogation. If they fail to do so, any statements you make may be inadmissible in court.

Searches, Seizures, and Your Right to Privacy

The Fourth Amendment protects you from unreasonable searches and seizures. In most cases, law enforcement must obtain a valid warrant based on probable cause to search your property or person.

• Officers generally need a warrant to search your home, car, or electronic devices.
• There are exceptions, such as consent or exigent circumstances—but these are limited.
• If police violate your rights, evidence may be excluded (“suppressed”) from trial.

Your Right to Legal Counsel

One of the most vital rights you have is the right to an attorney. From the moment of arrest, you should request legal counsel and avoid answering questions until your lawyer is present.

An experienced criminal defense attorney ensures that your rights are respected, investigates the evidence, and builds a strategy to challenge the prosecution’s case.

Your Right to a Fair Trial

The Sixth Amendment guarantees your right to a fair and speedy trial by an impartial jury. It also provides the right to confront witnesses, present evidence, and compel witnesses to testify on your behalf.

Your attorney’s role is to protect these rights—ensuring evidence is properly handled, challenging unreliable testimony, and making sure the burden of proof remains on the prosecution.

When to Call a Criminal Defense Attorney

Contact an attorney immediately if:

• You are under investigation or have been arrested.
• Law enforcement has requested an interview or search.
• You’ve been contacted by a detective or prosecutor.
• You’ve been charged and have a court date scheduled.

Quick FAQs

Do I have to speak to the police if I’m arrested?

No. You have the absolute right to remain silent until your attorney is present.

Can police search my car without a warrant?

Only under certain circumstances, such as probable cause or consent. Otherwise, the search may violate your rights.

What happens if my rights were violated?

If your rights were violated, your attorney can file motions to suppress evidence or even seek dismissal of charges.

When should I hire a criminal defense lawyer?

Immediately after being arrested or learning you’re under investigation—before speaking to police or prosecutors.