• Got Arrested? These Are Your Legal Rights

    | Updated on September 22, 2023

    Being arrested can be one of the most frightening moments in your life. When you get charged, you might not know what to do, and you could have many questions such as what are your rights? Who should you call for help? However, you would not want to spend most of your time detained, and hence it is best to check here for bail bonds which can help get you out.

    Knowing your legal rights is vital when being arrested, as you would not want to worsen the situation. What if you do not know what your legal rights are when you are being detained? Do not worry; read on to find out more.

    Right to Remain Silent

    You have the right to remain silent after being arrested. Once you are in custody, your silence is not a way of accepting you are guilty and cannot be used against you at trial by prosecutors. However, if you say anything at all, it may be used against you. The law only requires the police to tell you that you do not have to answer any questions and that anything you say may be used against you. 

    If you want to invoke your right to remain silent, state so before or after being read your rights. If you choose not to talk at all with the police officer who arrested you, it will help maximize protection for whatever statements might later be provided in court if there’s a trial. 

    The Right to Be Told Why You Have Been Arrested

    Ever been arrested, and you are not sure why you are being detained? The arresting officers are required to tell you why you have been charged as it is your legal right. The arresting officer should also provide a form for your signature if you choose not to speak with law enforcement, which would allow you to contact an attorney. 

    The arresting officer is also required to provide you with a form allowing you to contact your family or friends. This form should include the time and place of arrest and names, addresses, and phone numbers for next of kin such as spouse, children, or parents. However, the arresting officer may withhold this information if they believe it could jeopardize the investigation.

    The Right to Speak with a Lawyer

    The right to speak with a lawyer means that you can ask for and talk to an attorney, and the officer cannot question you about any crime or force you into making statements. You need an attorney if you are being charged with anything more serious than a traffic violation, but even if the charges are not severe, you might still need a lawyer as things can escalate fast. 

    What if you cannot afford a lawyer? This should not worry you, as it is your right to get a government lawyer to defend you.

    You might not know this, but it is within your legal right not to consent to a search when you are being arrested. Police officers are required by law to show you their identification and give any valid reason for searching before performing the search. However, they are not required to tell you that refusing a search will risk your arrest. 

    You can refuse an officer’s requests without raising suspicion by politely saying no after each search request. It is also best if you know you are under no obligation to present ID if asked, and there is nothing wrong with refusing once or even many times when requested. However, you need to know that some states expect you to identify yourself when you are stopped on suspicion of a crime.

    However, when you are arrested, it is your responsibility to keep calm and not interfere with the police or obstruct them. During an arrest, you can have overwhelming feelings, and this can prompt you to think it’s better to run, argue or resist arrest, but this should not be the case.

    It doesn’t matter who you are; you still have some legal rights when you are arrested, as explained above. There are certain things that the police can and cannot do when it comes to evidence, questioning, and detention. It is recommended that you do not get to answer any questions from the police officer without first speaking with your attorney or someone you know to help you out of that situation. When you know your legal rights when being arrested, you can respond as you are supposed to.

    Also Read- What is the Need of a Lawyer after an Accident?

    Aaron Harris
    Legal Counselor
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