Frequently Asked Questions

The Khashayar Law Group is pleased to provide the following answers to some of the questions most frequently encountered by our attorneys as we provide criminal defense legal services to clients in Los Angeles, San Diego, and throughout Southern California. If you have other questions or need immediate assistance in a criminal law matter, contact the lawyers at the Khashayar Law Group for a free consultation regarding your case.

What should I do if I have been arrested?

Remain calm and do what the police tell you to do, except that you should exercise your right to remain silent and not answer any questions without an attorney present. Request to contact an attorney as soon as possible, and give us a call. The person in the cell with you is not your new best friend, and anything you say, even if it is exaggerating or untrue, can be related to the police and used against you in court. The sooner you request an attorney, the sooner we can start to help you. We can even help arrange bail, often at a lower cost than you could obtain on your own as an unrepresented person.

What if the police stop me and just want to ask me a few questions?

You have the right to refuse to answer all but the most basic questions, and you should probably exercise that right in most situations. Don't be worried that refusing to talk will make you look guilty or lead to your arrest. If the police have cause to arrest you, they will. They cannot arrest you because you exercised your Fifth Amendment right to remain silent, but they can arrest you for what you do say. Don't give them cause by making statements they can use against you. While you may think you have nothing to hide, the police are experts at getting you to make incriminating or contradictory statements, which may then give them cause to arrest you. They may tell you they are only trying to get your side of the story or clear up a few facts that will be helpful in their case, but most likely they are trying to gather evidence to use against you.

Remember, the more you say to the police before you talk to us, the less we may be able to help you. If the police want to ask you questions, tell them you would like to consult with your attorney first.

Can I refuse to let the police search me or my belongings?

There are different standards for when the police can search you, your personal effects, your car, your home, etc. In most cases, they need a warrant or probable cause, although there are exceptions. The police know the law, and if they tell you they have the right to conduct a search, it is best to remain polite and respectful and not try to obstruct or interfere with their investigation. If the search is illegal, your attorney can address that matter later in court and suppress any evidence that was gained from the illegal search.

If the police are asking your consent to conduct a search, however, then they probably do not have the right to search unless you give it to them. When the police are asking for your permission to search, you have the right to refuse them, and you probably should do so.

What role do I play in my defense?

As the client, you will have the ultimate say in certain decisions regarding your case,

such as whether to plead guilty or go to trial, whether to accept a particular plea deal, whether to request a jury trial or a bench trial, etc. Our role is to advise you on your options and plan a strategy in accordance with your decisions. Also, you may be expected to make certain court appearances, at which time you should be well-dressed and act respectfully toward all the officers of the court. Other than that, it is vital that you be honest with your attorney and not withhold any information. Fulfilling your role in your defense will help us do our job, which is to provide you with the best defense and get the best result possible for you.