Understanding Your Rights When Arrested for a Crime
Being arrested is daunting, but it’s important to understand your rights. If you're a family member with someone who’s just been arrested, this article will go into what rights they have so you can inform them.
1. The Right to Remain Silent
One of the most common rights is the right to remain silent. This right is protected under the Fifth Amendment of the U.S Constitution. This right is important for the following reason:- Helps you avoid self-incrimination: When arrested anything you say can be used against you in a court hearing. By remaining silent you can prevent yourself from unintentionally providing additional information which could go against you and harm your defense. Some people make this mistake and talk before they get an attorney.
It’s important to always exercise your right to remain silent if you’re convicted.
2. Your Right to an Attorney
In the Sixth Amendment it guarantees you the right to have legal representation. Your right to an attorney means:- You can request an attorney: When arrested you can request a lawyer. When you request a lawyer like Sills DUI & Criminal Defense Lawyers or similar, law enforcement are obligated to stop questioning you until you have an attorney present.
- Allows you to consult an attorney: Remaining silent also helps you to bide your time before you get to see a lawyer. If you can’t afford a lawyer, a public defender will represent you at no cost.
It’s important you have an attorney before doing anything when arrested.
3. The Right to Know the Charges Against You
When arrested you’re entitled to understanding the overall charges which are laid against you. This right means you can receive:- A written statement: you should receive a written statement which outlines the overall charges which are pending against you. This should be given to you as soon as possible.
- Clarification: If you don’t understand any of the charges against you, you have the right to ask for clarification from your attorney.
Knowing what you're being charged with is very important as it can determine the outcome of the trial and court hearing.
4. The Right to a Fair Trial
The constitution guarantees that you’ll have the right to a fair trial and this includes a number of important aspects. The key factors of a fair trial include:- Impartial jury: You have the right to have an impartial jury at your trial. This makes sure the jury isn’t biased in any way.
- Public trial: Many criminal trials are held in public which means they allow for additional transparency for a fair outcome.
- Speedy trial: You have the right to have your trial conducted without an unreasonable delay. This helps to protect you against prolonged incarceration without resolution.
Everyone who is arrested has the right to a fair trial.
5. The Right to Be Free From Unreasonable Seizures and Searches
In the Fourth Amendment it protects you against unreasonable seizures and searches. This involves.- Search warrants: Typically a search warrant is needed by law enforcement to search your property. If there isn’t one, any collected evidence found on the property may be inadmissible in court.
- Consent: You may waive your right if you consent to a search. Always be mindful and ask whether the search is necessary or not first and talk to your lawyer before agreeing to anything.
You can be protected from an unreasonable seizure and search.
6. The Right to Bail
Depending on the severity of the charges against you, you have the right to bail: The basic foundation of bail is:- Bail hearing: After the arrest you should have a hearing where the judge then decides if you can be released out on bail or if bail is denied.
- Release condition: If you’re granted bail you may be under some conditions which could be restrictions on travel or conducting regular check-ins with law enforcement.
You have the right to appeal for bail, but the judge will decide if you’ll get it or not.
7. The Right to Medical Care
After your criminal arrest if you require medical attention you have the right to request and receive it. To ensure your health is taken care of you could receive:- Immediate care: If you’re injured, hurt or need medical assistance you can inform jail staff and law enforcement so they can give you immediate medical help.
- Access to medication: if you take certain medications which are prescribed to you, you have the right to access this medication while you’re in custody.
If you have a medical condition it’s important to tell the law enforcement officers.
8. The Right to File a Complaint
If you believe you have been wrongly accused or violated during your arrest you have the right to file a complaint. In order to do this you can:- Document everything: Document the incident including witnesses, badge numbers and names of law enforcement officers.
- Report violations: Ask your local police department to file a complaint to ensure something is put on record.
Endnote
If you or someone you know is arrested, you do have rights. Before you say anything more, it’s important to seek professional legal help to ensure you don’t incriminate yourself, as it could pose risk to the outcome of your case. Always stay calm, and remember to wait for your lawyer.Do You Need An Attorney?
If so, post a short summary of your legal needs to our site and let attorneys submit applications to fulfill those needs. No time wasted, no hassle, no confusion, no cost.
Posted - 10/24/2024
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