One of the worst days of your life is when you find yourself being arrested and booked for a serious crime you may or may not have committed. Either way, you have certain constitutional rights at your disposal that need to be reviewed along with the help of an experienced and reputable criminal defense attorney.
According to criminal defense lawyers, Cohen and Winters, criminal defendants have many important rights at their disposal. For instance, for the state to convict a defendant in a criminal case, it needs to prove the defendant is guilty beyond any reasonable doubt. Also, in a criminal case, the defendant is not required by law to testify.
That said, what are some other important rights a criminal defendant needs to be aware of after an arrest? According to a recent report by How to Justice, getting arrested can not only be confusing, but it can be downright scary.
But keep in mind that after an arrest, you have rights that can serve to protect you. These rights are said to be guaranteed by the Fourth, Fifth, and Sixth Constitutional Amendments. Being fully aware of these rights can help you be better prepared for interacting with law enforcement. Asserting them will assist you and your legal counsel in a court of law if the police violate them for any reason.
Is Law Enforcement Allowed to Arrest You Without Cause?
Or said another way, can the cops arrest you for any reason they see fit? The answer is a resounding no. The Fourth Amendment protects you against “unreasonable…seizure.” This means law enforcement must have a valid reason to arrest you. They require either an arrest warrant or at the very least, probable cause. Only in rare cases can the police arrest you without these legal mandates.
Are You Required to Speak to the Police After Being Arrested?
You are not required to say a single word to the police upon arrest. You have “the right to remain silent.” However, you might be required to identify yourself. You also need to verbally communicate your right to remain silent along with your right to legal defense. This is all that needs to be said since anything you say can be used against you in a court of law.
Are You Allowed to Request a Lawyer When Under Arrest?
Yes. In fact, the Sixth Amendment guarantees all citizens the right to seek counsel from an attorney in all criminal cases. But law enforcement will likely do their best to get a statement from you before a lawyer being appointed to your case. This makes it all the more important to assert your right to remain silent until you communicate directly with a criminal lawyer.
It’s important to note that the police may not make it simple for you to gain access to legal counsel. It’s possible you won’t speak with a criminal defense lawyer until the court assigns you one. But there are other times you will be allowed to call a lawyer from jail. You also can call a trusted friend or family member to retain a reputable lawyer on your behalf.
Is Law Enforcement Required to Read You Your Rights?
The United States Supreme Court has ruled under a case referred to as Miranda vs. Arizona, that law enforcement must communicate their legal rights with people as soon as an arrest takes place. These are called the “Miranda Rights.”
You might be familiar with the “Miranda Rights” from popular crime /mystery novels and television programs.”
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, the court will appoint one on your behalf.”
If law enforcement fails to inform you of the Miranda Rights, the court can stop the prosecutor from bringing your case forward. However, there is no guarantee that a judge will agree to do so. If, in the end, a police officer testifies under oath that he or she issued you your Miranda Rights upon your arrest, it will be difficult if not impossible to prove otherwise.
Everyone Has Legal Rights when Arrested
In the final analysis, everyone has legal rights after being arrested in the U.S. These rights are outlined clearly in the Constitution. Law enforcement must have probable cause or a warrant to legally arrest you. You have the right to remain silent other than when it comes to identifying yourself. More importantly, you have the right to the best criminal defense attorney you can find.
Disclaimer
The information contained in South Florida Reporter is for general information purposes only.
The South Florida Reporter assumes no responsibility for errors or omissions in the contents of the Service.
In no event shall the South Florida Reporter be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents of the Service at any time without prior notice.
The Company does not warrant that the Service is free of viruses or other harmful components
