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What Are Your Rights When You Are Arrested?

Posted by Jeffery Blosser | Feb 01, 2021 | 0 Comments

What are your rights when you are arrested? 

  1. A police officer who wants to ask you questions other than your name and address must advise you that you have a right not to answer the questions.
  2. You have the right to be told why you are being arrested and the crime for which you are being arrested. If you are arrested on a warrant, you have the right to see the warrant within a reasonable time after your arrest and read it.
  3. You have the right to be told your constitutional rights (“Miranda” rights) before being questioned following your arrest. Your Miranda rights are:
    •  The right to remain silent and not answer any questions.
    • The right to know that if you waive your right to remain silent and answer questions, the police can use your answers against you in court.
    • The right to stop answering questions at any time and talk with an attorney.
    • The right to privately speak with a lawyer before answering any questions or signing anything.
    • If you cannot afford an attorney and the crime carries the possibility of jail time, you have the right to have an attorney appointed to you at no cost to you before being questioned and to have that attorney with you during any questioning.

 It is extremely important to note that you CANNOT be penalized for refusing to answer an officer's questions.  ALWAYS ASK FOR A LAWYER.

 4. You also have the right to:

    • Contact someone by telephone to tell them that you have been arrested and what the charges are.
    • Refuse any physical or chemical test (such as a polygraph, breathalyzer, field sobriety tests, etc.) until you can talk to your lawyer.
    • Have your attorney present at any line-up or other identification procedure in which you are viewed by possible eyewitnesses to a crime.
    • Reasonable bail or bond to secure your release from jail unless you are charged with a capital crime.
    • Be brought before a court as soon practicable after your arrest, so that you can request a preliminary hearing.

If I am arrested, what will the police do?

You will be searched for weapons, handcuffed and transported to jail – where you will be photographed and fingerprinted for identification.  If the crime in which you are accused is a felony, you will also have to provide a DNA sample.

Do's and Don'ts During Arrest and Custody

First and most important DO NOT TALK.  Definitely do not argue with the police.  You will not talk your way out of being investigated, arrested or prosecuted.  Any explanation may give the police more information then they already had.  Even if you believe that you did nothing wrong, it is a very bad idea to talk to police without having a lawyer present.

If police want to talk to you contact Blosser Law Office right away for a free consultation.

About the Author

Jeffery Blosser

I grew up in a rural community that instilled a sense of honor, fairness and community.  Often when someone is accused of a criminal offense there is a feeling of unfairness as the State brings its enormous resources to bear against a lone individual.  It can feel lonely, but you don't have to be...

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