If you are arrested, two rights matter most: the right to remain silent and the right to a lawyer.
Invoke both, clearly, and stop talking. That is how you protect yourself.
What Miranda Actually Means
Miranda warnings are required before custodial interrogation — questioning once you are in custody. A common misconception: if police did not read you your rights, the case is not automatically dismissed. What it can mean is that statements taken in violation of Miranda are suppressed — kept out of evidence.
The Two Sentences
Memorize these: “I’m going to remain silent.” and “I want a lawyer.” Once you clearly ask for a lawyer, questioning must stop. Do not answer ‘just a few questions,’ do not explain, do not negotiate. Silence is your right and your protection.
What Happens Next
After an arrest you will be booked, and the question of release or bail comes up quickly — often at your arraignment. Get a lawyer involved early. If police questioned you after you invoked, or without Miranda where it was required, a lawyer can move to suppress those statements.
Frequently Asked Questions
What are my rights if I'm arrested in California?
The two that matter most are the right to remain silent and the right to a lawyer. Invoke both clearly — 'I'm going to remain silent' and 'I want a lawyer' — and stop talking. You also have the right to be told the charges and to a prompt arraignment.
If the police didn't read me my Miranda rights, is my case dismissed?
No, not automatically. Miranda warnings are required before custodial interrogation, and a violation means statements taken in violation can be suppressed — kept out of evidence. It does not, by itself, dismiss the case.
What should I say if I'm arrested?
As little as possible. Clearly invoke your rights — 'I'm going to remain silent' and 'I want a lawyer' — and then stop talking. Do not explain, negotiate, or answer 'just a few questions.' Anything you say can be used against you.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com