KNOW YOUR RIGHTS!

Ø     When a person is arrested there are certain rules and procedures that the police must comply with. Some of these rights, such as Miranda Rights, are Federal law. Others vary by State. The best way to determine if your rights have been violated is to call 1-800-NOT GUILTY as soon as possible after your arrest to contact an experienced attorney in your area.

          If You Are Arrested:

Ø     The best thing you can do if you are arrested is cooperate with the police without forfeiting your rights. Knowing your rights is crucial to knowing how to interact with the police officer(s), what you can refuse to do and what you are required to do.

Miranda Rights:

Ø     Miranda Rights, also called Miranda Warnings, are one of the first things you should hear when arrested. These advise you of your right to remain silent and not answer any questions, the right of the police to use anything you say during questioning against you in Court, the right to have an attorney present during questioning and the right to legal counsel even if you cannot afford an attorney. You must be able to acknowledge that you understand these rights. If you decide to talk to the police without an attorney present you have the right to request an attorney at any time and police should immediately stop questioning you until your attorney arrives.

         Other Rights: 

Ø     Police or other authorities cannot force you to talk to anyone or sign any papers. Any information the police obtain by violating your rights (through coercion, threats, etc.) can be prevented from being used against you in court.  

Ø     Under the Fourth Amendment to the Constitution, you have the right to privacy and to be free from unreasonable searches and seizures. This means that unless police have a warrant they cannot search your home or office without your consent. You do not have to let the police into your home or office, but they may do so without your consent or a warrant if they believe there is an emergency situation (for instance, they hear someone screaming for help). Any evidence or information the police obtain during an illegal search of your home or office can be deemed inadmissible in court.  

Ø     After you have been taken into custody you have the right to make phone calls to contact an attorney and a member of your family. If the police transfer you to another precinct or town, the right to make those phone calls is renewed.  

Ø     If police have taken any money or property from you after you have been taken into custody, you have the right to an itemized receipt for those items. 

Ø     Police cannot hold you for an unreasonable amount of time without ‘booking’ you. This is an entry of the charge or charges against you. If you are detained for an unreasonable amount of time without being charged, your attorney can ask a judge for a Court order (called a writ of habeas corpus) instructing the police to bring you before the court so that the judge may decide whether they are lawfully detaining you. 

Ø     You have the right to apply for and post bail as a means of obtaining your release. Bail is the money you deposit with the Court to assure that you will appear for your trial. The Court may also choose to release you on a promise to appear, also referred to as “your own recognizance.”

Did You Know: 

Ø     After the September 11, 2001 terror attacks new laws were enacted that give federal officers new powers to question, arrest and detain? More laws are likely on the way as well as challenges to them. It is important to speak to a lawyer by contacting 1-800-NOT GUILTY to understand how these new laws affect your rights.

Ø     In most states you do not have to identify yourself to an officer if you are stopped on the street? However, if you are stopped while driving a vehicle you must provide a drivers license, registration and insurance information when asked for them.

Ø     If you are stopped on the street, police may only pat down the outside of your clothing to ensure their safety?

Ø     If you believe you are being mistreated by an officer you have the right to ask them for their name and badge information?

Ø     A police officer can use reasonable force in order to arrest you? You should never resist arrest but it is wise to refuse to speak with police or answer any questions until you have contacted a 1-800-NOT GUILTY attorney.

Ø     During questioning, the police are under no obligation to be honest with you? They can legally lie to you, perhaps saying they have evidence or witnesses in order to try and get you to confess.

Disclaimer: The rights afforded to a person who has been arrested differ from state-to-state. Contact a licensed 1-800-NOT GUILTY attorney in your area if you have any questions or feel your rights may have been violated.