When a police officer arrests you, you may feel tempted to protest your innocence, make claims about why the police should not arrest you, or refute the charges at the time of the arrest.
What you may not know is that your actions and words may put you in a tough spot after the arrest. The police can use this against you in a subsequent investigation and in court if you face trial.
Many people do not know what to do when arrested. This is most likely because they do not know their rights, and that is why they fall victim to self-incrimination.
You should know that your rights already protest your innocence on your behalf. That is why you should act within the law.
In this article, you will learn about four constitutional rights that protect you and guide your actions in case of arrest.
Understanding What Miranda Rights Are
Note that the arresting officer will read you some of your rights during the arrest. The rights they read you are the Miranda rights, based on a Supreme Court ruling that states the police must read the rights of any arrested person.
You should also note that even when police officers do not read you your Miranda rights, that does not mean you should waive your rights or that you do not have those rights.
In some cases, the police may arrest you without reading your rights. This may be because they do not necessarily need your confession in such cases. But you should know that your rights remain.
So, what are your rights?
You Have the Right to Remain Silent
The Fifth Amendment of the Constitution grants you the right to not say a word during and after your arrest. Even when you feel the need to protest your innocence, you should not say anything until your lawyer arrives.
Also, the police may want to start asking you questions. Be mindful of this. They may use these answers to find loopholes or inconsistencies in your story, and this may become their weapon against you. No matter what the police say, you have the right not to answer any questions until your attorney arrives.
You Have the Right to Have Your Attorney Present Before Interrogation
The law, as enshrined in the Sixth Amendment, grants you the right to have your lawyer present before the police start to interrogate you. This is to protect you from putting yourself in a dicey situation due to self-incrimination.
When you have an attorney present, they will tell you which questions not to answer or even ask the officer to rephrase any leading questions. They can also cite the appropriate laws if the officer goes beyond the provisions of the law.
You should also know that if you do not have an attorney or cannot afford one, the law states that a public defender will step up to be your counsel.
You Have the Right to Stop Unlawful Search and Seizure
The Constitution, as enshrined in the Fourth Amendment, grants you the right to stop any police search and seizure without court order. This is to protect you from prosecutorial misconduct.
“The law states that before an officer can search or seize your property, they must file a warrant in court. In the warrant, they must present an argument why the court should grant it and how the search is essential to their investigation,” says criminal defense attorney Tom Addair.
If this argument convinces a judge, the judge will approve the warrant. However, convincing a judge without any evidence can prove challenging. That is why officers may try to search unlawfully. The law protects you from such action.
You Have the Right to Speedy Trial
The police have no right to detain you for more than 48 hours before they charge you in court. If they fail to do this, they must release you. This is to prevent a situation in which a person may be in the police cell without a court date.
Thus, within 48 hours, you have the right to a court date and appear before a judge who will decide whether you should remain in the cell or be granted bail.
The Essentiality of Engaging an Attorney
Immediately after your arrest, you should demand your attorney. Your attorney will prevent you from self-incriminating and ensure that the police do not violate any of your rights.
The attorney will also evaluate your case and let you know your chances. When you have a court date, the attorney will stand as your legal counsel and present your defence. That is why you should engage an attorney immediately after your arrest.
Source: Addair Law, Criminal Defense Attorneys, New York
