Police Investigation During Your Detention
After an arrest and during detention, the police typically investigate to uncover facts about your case. A Sacramento misdemeanor criminal attorney can assist you with determining the legality of particular procedures.Investigative Procedures
The police may use their access to you to further investigate into your case. Some of the things they are allowed to do include:
- Determining whether witnesses can identify you via a police lineup;
- Taking fingerprints, handwriting samples and voice samples;
- Asking for consent to search your property; and
- Asking you questions.
The police may take a hair or saliva sample or draw blood for DNA analysis or other testing if they have a court order or warrant which allows them to do so. If you were arrested for drinking and driving, the police may request that you submit to a breathalyzer and/or a blood test.What Happens If You Do Not Cooperate With Investigation
You have no right to refuse any post-arrest investigation except for unauthorized searches (searches that do not fall into an exception or are done without a warrant) and interrogation. Depending on the jurisdiction, though, you may be able to refuse a blood draw. You must obey any legal commands of the police or face potential contempt charges.
As a constitutional right, you can refuse to answer questions until you are able to speak with an attorney. A Sacramento misdemeanor criminal attorney can advise you of your rights if you have questions about the procedures during the post-arrest phase of your case. Experienced Sacramento misdemeanor criminal attorney Param Pabla may be able to help. For an initial consultation, simply fill out the form on this page.