Don’t Let Your Rights Be Violated: What Are My Rights During An Arrest?
Most people who have been arrested feel like the experience goes by in a blur, and very often don’t ask themselves “what are my rights during an arrest?” It’s hard to remember what happened or how it escalated, but sitting in jail and waiting for your Miami-Dade criminal defense attorney to arrive calls into question the circumstances of your arrest in a clearer light.
If the police violated your rights, evidence collected during the search or the arrest itself might be grounds for having your case thrown out. This is why it is so important to get a criminal defense lawyer who understands how to evaluate your situation and fight for you if your rights have indeed been violated.
Read on to learn more about your rights when the police attempt to arrest you for a crime.
Right to a Lawful Arrest
Did the police have probable cause to search your car? Were you not treated humanely during your arrest? These can all point to instances in which your rights were violated. The police must have probable cause to search for something. Since this can be one of the most complex facets of the law, it is vital to have a knowledgeable attorney at your side to evaluate whether the police did indeed have probable cause.
This also means that you must be mirandized during an arrest. An officer has to inform you of your rights and comply with all the requirements of a legal arrest if he or she wants to see the charges stick. Violating the law could lead to your case being thrown out altogether, but sometimes an officer is banking on you not knowing the full extent of your rights.
Unfortunately, sometimes officers cross the line in a zealous attempt to get you into questioning or to charge you with something. Even though this still happens today, the violation of your constitutional rights is prohibited. An attorney should always evaluate your case for any potential violations of your rights. These could prove critical in court or in negotiations beforehand.
Right to Remain Silent
One of the most important rights afforded to someone being accused of a crime is the right to remain silent. This is drawn from your right against self-incrimination. Be aware that police might try to convince you that talking to them is the best way to make the situation better, but you could actually end up giving them more information to be used in your prosecution. If you were coerced into questioning or forced to give responses to their questions, the police may have violated your rights. Share details regarding this with your criminal defense attorney as soon as he or she arrives on the scene.
Right to an Attorney
Another extremely valuable right you should use during the arrest and questioning process is that of speaking with an attorney. Your attorney can be with you during questioning and at trial. As soon as you request your own attorney or one to be provided for you, the police must comply. This means not being asked questions and forced to answer before your attorney arrives, too.
Have you already been accused? Don’t hesitate to get the legal help you need. Hire an experienced Miami-Dade criminal defense attorney.