As your San Diego criminal defense attorneys, Samuel Spital & Associates handles juvenile and adult criminal cases, both felonies and misdemeanors including:
We want to be your San Diego Criminal Defense Attorney. We will defend your rights at every stage of your criminal case, from police contact and interrogations, from detention, arrest and arraignment, through to the end of your case. CONTACT US when you want a San Diego criminal defense lawyer or DUI attorney; we're here for you! We CARE!
Once a suspect has been identified to law enforcement officers, they will attempt to make an arrest. Before law enforcement can arrest anyone, however the Fourth Amendment to the U.S. Constitution requires that there be probable cause to make an arrest. If a person of ordinary caution or prudence would believe or have a strong suspicion of a person's guilt, that suspect can be taken into custody to stand trial.
A verbal complaint to a law enforcement officer by the victim or a witness to a crime is enough to support probable cause. When there is insufficient evidence, law enforcement may detain a person to conduct a brief investigation. Law enforcement must have a reasonable suspicion that a crime was committed, is currently being committed, or is about to be committed. Law enforcement officers must have specific facts to support their reasonable suspicion.
You have certain Constitutionally guaranteed rights once you are arrested. Before a law enforcement officer can question you, you must be told that you have the right to remain silent; that anything you say may be used against you; that you have a right to have a lawyer present while you are questioned; that, if you cannot afford a lawyer, one will be appointed for you. These are your "Miranda" rights, guaranteed by the U.S. Constitution.
If Samuel Spital & Associates acts as your attorney and you are not been given these warnings, we will request that the court exclude any statements you made to the law enforcement officer. (This does not apply if you volunteer information without being questioned by the police.) This does not necessarily mean your case will be dismissed just because an officer failed to provide such a warning.
(For information on crime and safety for policymakers, researchers, educators, and the general public, a valuable resource is the National Criminal Justice Research Service. Another source of information is the Cornell Law School Web site. To order criminal law books online at a discount, go to Barrister Books.)
Bail allows you to be released from jail (unless you are released on your own recognizance). We can help you obtain a bail bond. Call Samuel Spital and Associates for a referral to get a loved one immediately released from jail on bond.
Samuel Spital & Associates
8880 Rio San Diego Drive
Suite 800
San Diego, CA 92108-1642
Telephone: 619-583-0350
Fax: 619-583-1850
Call 7 days a week at any hour or send an e-mail now.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright © 2008 by SAMUEL SPITAL AND ASSOCIATES. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.