Being arrested can be a frightening and confusing experience, especially if you are innocent and falsely accused. In such situations, knowing your rights and how to act can make a significant difference in protecting your future. If you only take away a few things from this blog, let it be that you have the right to remain silent — meaning, after identifying yourself and providing insurance, you don’t need to answer any questions — and that you should be respectful of the officer at all times.
What It Means to Be Arrested
To be arrested means to be taken into custody by law enforcement officers because they suspect you of committing a crime. During an arrest, you may be physically restrained and transported to a police station or jail. Knowing your rights when you get arrested is important because it can prevent you from accidentally incriminating yourself and ensure you receive fair treatment under the law.
What Are Your Rights When Arrested?
The Right to Remain Silent
One of the most important rights when you’re arrested is the right to remain silent. You are not obligated to answer any questions from the police or provide any statements. This right is protected under the Fifth Amendment of the U.S. Constitution, which helps prevent self-incrimination or the misinterpretation of your words.
You should politely but firmly state, “I would like to remain silent and speak to an attorney.” Don’t feel pressured to explain anything or justify yourself.
The Right to Be Informed of Why You Are Being Arrested
You have the right to be informed of why you are being arrested. Law enforcement officers must tell you the specific charges or accusations against you. Knowing the charges allows you to prepare an appropriate defense.
The Right to an Attorney
You have the right to consult with an attorney before speaking to the police. If you cannot afford an attorney, the court will appoint one for you. Having legal representation ensures that your rights are protected and that you receive a fair trial.
The Right to a Fair Trial
Everyone is entitled to a fair trial, which includes the right to confront witnesses, present evidence, and have a public trial by an impartial jury. This right is reflected in the Sixth Amendment.
What Should You Do When You’re Stopped by the Police?
If you’re stopped by the police, the best course of action is to be polite and cooperative. If you’re respectful throughout the entire process, your attorney might be able to use this fact to negotiate with the prosecutor. If you are disrespectful and belligerent, you can expect this behavior to negatively affect your case when your attorney works with the prosecutor.
When stopped by the police, you are obligated to identify yourself and provide your driver’s license and proof of valid insurance if you’re driving. However, remember you don’t have to consent to a search of your person or belongings unless the police have a warrant or probable cause. Clearly state that you do not consent to the search, but do not physically resist if the officers proceed without your consent.
If you believe you are being arrested, politely ask the officer, “Am I under arrest?” If the answer is yes, then immediately exercise your right to remain silent and request an attorney.
What to Do Immediately After Being Arrested
After you’ve been arrested, the police will take you to the station for booking. This involves fingerprinting, photographing, and taking down your personal information. Be polite and answer any basic questions about your name and address, but beyond that, politely repeat your request for an attorney.
If possible, try to remember and document everything that happens during and after your arrest. Note the names and badge numbers of the officers involved, the time and location of the arrest, and any interactions or statements made. This information can be valuable for your defense.
Do not:
- Resist arrest: This will only escalate the situation and could lead to additional charges.
- Argue with the police: Trying to argue your innocence with the officers at this point won’t help. Save your arguments for court with your attorney by your side.
- Volunteer information: Remember, anything you say can be used against you in court.
Steps to Take if You Believe Your Rights Are Violated
If you believe your rights were violated during the arrest, inform your attorney immediately. They can advise you on the appropriate steps to take and help you file a complaint or pursue legal action if necessary.
In some cases, you may have grounds to file a lawsuit against the police department or the officers involved. Your attorney can help you explore your options and seek justice for any violations of your arrest rights.
Universal Defense Will Help You Understand Your Rights
Being arrested is a stressful and potentially life-altering experience, especially if you are innocent. If you or a loved one has been arrested, contact Universal Defense, LLC, for expert legal assistance. We’ve represented thousands of cases involving arrests for DUIs, drug possessions, theft, violent crimes, domestic assault, disorderly conduct, and more. Our experienced attorneys are dedicated to protecting your rights and ensuring you receive fair treatment under the law. Schedule a free consultation with our team today!