When you’ve been accused and arrested for a crime, the whole ordeal is scary. However, if you know and understand your rights, you can assist your criminal defense attorney with your case. No matter where you live, there are laws governing and protecting you when you’ve been arrested. It’s important you know the laws and your rights so you are legally protected during the arrest.
You should know what the legal grounds are for a police search. When you’re arrested, they have the right to search your body and clothing along with any belongings you carry with you. The only time a police officer can search your car (without a court order) is if they arrested you while you were in it or you gave them permission to search the vehicle. It’s best not to give them this permission without first talking with a criminal defense attorney.
The first right you have after being arrested is the right to keep silent. This right allows you not to say a word to the officer, whether or not you are guilty. Until you have spoken with a criminal attorney, keep the mouth shut. It doesn’t matter if you’ve committed a crime or not, you could say something that could accidentally incriminate you. Allow your criminal defense lawyer to come to your rescue before you make statements to the police.
Even if you’ve made a verbal statement to police, they’ll need a written document of it. You can refuse to do so. People don’t tend to realize that they should wait for an attorney before they make statements and tend to tell the police what they know. As they are talking, they realize they should wait for their legal counsel to help them and stop talking. It’s during this point at time that the police will ask you for the written statement; refuse to give it to them.
You have the right to have some kind of legal representation for you. If you’re unable to retain one yourself, the courts will provide a criminal attorney for you. When the police are talking to you and you ask for a lawyer, they must stop questioning you at once. The best way to deal with any question is to tell them you want a lawyer. Questioning may begin again after you’ve talked with an attorney.
You also have every right to ask for bond from the judge when you’re in arraignment. This bond will allow you to keep out of jail while the investigation is ongoing and the trial is taking place. For some situations, it’s not uncommon to be released by your own recognizance, which means you give your word to appear in court (without fail) and don’t have to post any money upfront. Some situations require family members/friends to post money for the bond. How much you need to post is up to the judge but an experienced criminal defense attorney can help negotiate these terms.
While some rules have an exception, your right to an attorney and remaining silent are fixed. You certainly don’t want to incriminate yourself with police intimidation tactics; if you notice you’re in trouble, call a criminal defense lawyer right away. Your attorney will keep you from making a bad circumstance worse.
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